How Much is Pain and Suffering Worth in New Mexico Auto Accident?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?" 

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 33 years.  During that time I have only handled personal injury and wrongful death claims.  I worked as an insurance company attorney for part of that time.  So, I will give you my own analysis.

The purpose of  pain and suffering is to compensate you for what you have been thru because of the accident that caused your injuries. 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person.

New Mexico law allows for compensation for pain and suffering in all personal injury cases where there is evidence of pain and suffering.  We will talk about the evidence and documentation to prove pain and suffering below.

Pain and suffering is in addition to medical bills, lost earnings and permanent injury.

Many people believe that the amount of medical bills dictates the amount of pain and suffering.

 The amount of the medical bills does not always dictate the amount of pain and suffering. 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases.  Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without a lot of follow up care. Also, not much can be done to treat broken ribs.

Based on my experience of 33 years of handling personal injury cases, I believe as a general rule that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills.   I believe as a general rule that broken bone cases are worth about 8 times the medical bills. There should be additional compensation for  lost earnings,  future medicals and permanent impairment.

So here are some examples:

EXAMPLE 1:    John suffered a whiplash and back injury after an auto accident that was not his fault.  He was taken by ambulance to the emergency room, had a follow up with his primary doctor and then began treatment with a chiropractor.  His medical bills were $10,000  He had no lost earnings and no permanent impairment.  He felt fine after his treatment was concluded.

Using the formula of 3 times the medical bills, John's case should be valued at $30,000

EXAMPLE 2:   Carol suffered a broken arm after an auto accident that was not her fault.  She was taken by ambulance to the emergency room where her arm was casted.  She had two follow up appointments with her doctor who removed the cast 60 days later.  Her medical bills were $5,000.  She had no lost earnings and no permanent impairment.  She felt fine after her treatment was concluded.

Using the formula of 8 times  the medical bills, Carol's case should be valued at $40,000

Court Appointed Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County.  Juries are much more less predictable.

 It is extremely important that injured patients communicate to their health care providers all of their pain and  suffering and carefully describe how the injuries have affected them.  If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills.

The insurance company adjuster, judge, arbitrator or juror will carefully review the notes written by your health care provider. They will look at your reported pain levels and symptoms associated with the injury as reported by you to your health care provider.

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing to document.   Picture it this way.  You need to give the doctor the ammunition for your gun.  They need you to feed them the information so they can document your complaints accurately and completely.

It is more difficult for men to communicate pain and suffering to their doctor.

The reason is that most men find it more difficult to complain about their pain.  Men are macho, and it may be considered a sign of weakness to complain of pain to their health care provider.

Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.

Again, please remember......Insurance company adjusters, judges, arbitrators and jurors will carefully read the medical records written by the health care provider.  If no pain and suffering is mentioned, don't expect a large amount of  pain and suffering.

A personal diary of how the injuries have affected you is also helpful. 

The diary can track specific instances an dates of pain and suffering.  The diary should include names of people who witnessed the discomfort and the degree of discomfort.  You can include events that occurred through the day that caused increased pain or discomfort.  The diary can also be read by the decision maker in determining how the injuries affected your daily life.

The most important advice I can give you in this blog is to document your pain and suffering.

Document your pain and suffering with your health care providers.

Document your pain and suffering with your employer.

Document your pain and suffering in a pain diary.

 Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their personal injury and wrongful death claims.    Caruso Law Offices has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact Mark Caruso at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361. You can also contact Mark Caruso directly at mark@carusolaw.com

Your consultation will be with Mark Caruso, not a legal assistant or paralegal.  He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain Caruso Law Offices'    discounted 29% contingency attorney fee on all personal injury and wrongful death claims.

NM Uninsured/Underinsured Motorist Claims: Importance of Getting A Written Settlement Sanction By Your Own Underinsured Motorist Insurance Company Before You Settle For Policy Limits With The At-Fault Driver's Insurance Company

By: Mark Caruso

It is imperative that you get the written approval and sanction to settle from your own  underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  If you don't do so, your own underinsured motorist insurance will deny any payment of underinsured motorist coverage to you because you breached the insurance contract.

NM uninsured/underinsured motorist claims are complex. You must get a written settlement sanction by your own underinsured motorist insurance company before you settle for policy limits with the at-fault driver's insurance company.  Failure to do so will be devestating to your underinsured motorist claim.

Here's the scenario.  You have an injury claim resulting from an Albuquerque, NM auto accident. You have thousands of dollars of medical bills, and you have lost earnings and wages from your job. You haven't hired an attorney, and you are trying to settle the claim yourself.

You want to settle for $40,000

Caruso Law Offices, Personal Injury and Wrongful Death Attorneys

 

Let's say that you have State Farm Insurance on your vehicle, and the at-fault driver has Allstate Insurance on his truck that caused the collision.  You hear from the Allstate Insurance adjuster that their driver only carried minimum limits of $25,000.  The adjuster sends you a declaration page proving that the driver only carried $25,000. The adjuster offers to settle your claim for policy limits of $25,000 and asks you to sign the release of all claims.

You know that you also have underinsured motorist coverage with your own insurance, State Farm.  You have had some discussions with the State Farm adjuster about your claim against Allstate and the possibility of going against State Farm for any amounts over $25,000.

Your insurance contract (or policy) with State Farm requires you to get State Farm's  written sanction and approval of the settlement with Allstate Insurance before you sign the Release with Allstate.  If you don't do so, State Farm doesn't need to pay you anything.  The adjuster from State Farm doesn't need to tell you that there must be a written approval.  You are assumed to know what is in your contract (policy) with State Farm.

Here is what you must do to preserve your right to continue your claim against State Farm's underinsured motorist coverage:

1. The Allstate adjuster must send you a letter with the offer of policy limits in writing and a copy of the Declarations Page of the at-fault driver's policy with Allstate. This letter must state that Allstate is offering to settle for policy limits of $25,000.

2. Let the Allstate adjuster that you need a few days to get the sanction and approval of the release and settlement from State Farm, your own under-insured motorist carrier.  Do not sign the release until you get the sanction and approval from State Farm.

3. You must then immediately send the letter from the Allstate adjuster together with the Declarations Page of the at-fault driver's policy with Allstate to the State Farm adjuster.  You must request that State Farm sanction and approve a settlement between you and Allstate and its at-fault driver.

4.  The State Farm adjuster will then do an assets check on the at-fault driver to determine if the person has assets that State Farm could go after.  Once State Farm finishes the assets check, you will receive a written letter from the State Farm adjuster authorizing you to settle with Allstate and its at-fault driver and giving you the right to sign the release for Allstate and its at-fault driver.

5.  Do not accept a verbal authorization from State Farm to settle.  The authorization must be in writing, either by email or letter.

6.  You can now settle with Allstate and its at-fault driver.  You can sign the release and accept the check for $25,000

7. You can also now present your claim to State Farm for the underinsured motorist claim.  If your claim is valued at $40,000 and you have already received $25,000 from Allstate, you would now want to settle for $15,000 with State Farm Insurance.

I again want to stress the importance of getting the approval to settle from your own car insurance company before you settle with the at-fault driver's insurance company IF you intend to pursue an underinsured motorist claim.

 

If you have any questions on the process or procedure, please feel free to contact me at 505-883-5000 for a free consultation.  My firm, Caruso Law Offices, has two offices in Albuquerque--the North East Heights and the West Side--but we handle cases throughtout New Mexico and its pueblos and reservations.

I have been practicing law for 31 years, and I am a former insurance company attorney who now exclusively represents the victims of collisions and accidents.  We believe that we are extremely good at what we do, because we only handle personal injury and wrongful death cases.  Whether you have a car accident, a truck accident involving an 18 wheeler, tractor trailer or semi truck, a motorcycle accident, a bicycle accident or a pedestrian accident--We Are Here To Help You!

When considering an attorney, it's important to ask the following:

1. What kind of experience does the attorney have?
2.  Is the attorney or law firm rated by other attorneys and their clients?
3.  Does the attorney or law firm have client testimonials from real clients?
4.  Is the law firm rated by the Better Business Bureau?
5. Will the law firm discount its attorneys fees to 29% if the case can be settled without a lawsuit?

The answer for our attorneys and law firm to these questions is a strong YES! 

I hope to personally hear from you for your Free Consultation with me. 

Thanks. Mark Caruso

505-883-5000
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com

Albuquerque, New Mexico, NM, personal injury, injury, injuries, car, auto, vehicle, truck, semi truck, tractor trailer, 18 wheeler, bicycle, motorcycle, pedestrian, accident, collision, wreck, crash, attorney, lawyer, personal injury attorney, personal injury lawyer, injury attorney, injury lawyer, car accident lawyer, car accident attorney, truck accident lawyer, truck accident attorney, insurance claim, uninsured motorist, underinsured motorist, under-insured motorist, at-fault driver, rear ended,  Mark Caruso, Caruso Law Offices, discounted attorney fee, client testimonials, insurance settlement, Better Business Bureau, 29% discounted fee, attorney fee, contingency fee, top rated, best, highest rated, comparison, policy limits, $25,000 coverage, $25,000 insurance, wrongful death, Albuquerque car accident attorney, Albuquerque personal injury attorney, Albuquerque injury attorney, Albuquerque injury lawyer, Albuquerque personal injury lawyer, Albuquerque wrongful death lawyer, Albuqeurque wrongful death attorney, uninsured, underinsured, underinsured motorist, underinsured motorist claims, 

 

2013 Poll: Worst Insurance Companies to Handle Your New Mexico Car or Truck Accident Claim

Fred Loya Insurance, Young America Insurance, Nevada General Insurance, Allstate Insurance and Geico Insurance are the 5 worst insurance companies for your car, truck, motorcycle, bicycle or pedestrian personal injury claim.

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

 

If you have a New Mexico personal injury claim against Fred Loya Insurance, Young America, Nevada General Insurance, Allstate Insurance or Geico Insurance, you may have a tough time dealing with the claims adjuster according to a recent 2013 informal poll of New Mexico attorneys.

 

These insurance companies and their claims adjusters rank the highest among all insurance companies in New Mexico in complaints to attorneys about the handling of car accident claims involving property damage and personal injury.

According to Albuquerque personal injury attorney Mark Caruso the poor attitudes of insurance claims adjusters employed by these four companies cause clients to contact Caruso Law Offices and other New Mexico personal injury law firms for help.

Clients are frustrated when the claims adjuster won’t pay for all the repairs to their car or give them a rental car. What irritates clients the most is when a claims adjuster challenges the client’s complaint of pain or injury or tells the client to just take a Tylenol and get some rest.

One reason why these four insurance companies may be so difficult to deal with is because the personal injury claims adjusters for these four insurance companies are based outside of New Mexico.

 

Fred Loya, which according to Mark Caruso is the worst of the bunch, is based in Texas and only recently began selling automobile insurance in New Mexico.  Their claims adjusters are Texans, and they just don’t have enough years of experience evaluating the dollar value of cases in New Mexico. Most personal injury attorneys will agree that cases are evaluated differently in Texas than in New Mexico.

There have been many instances where Mark Caruso has had to “educate” these out of state claims adjusters about New Mexico law and the valuation of injuries in New Mexico.

As a former insurance company attorney, Caruso has insight as to how these adjusters should evaluate cases and the process that they use in reaching a settlement value.

Under our state’s law New Mexicans are entitled to have their vehicle repaired to pre-accident status or be paid the market value of the vehicle if it is totaled. They are entitled to payment for the loss of use of their vehicle during its unavailability. New Mexicans are also entitled to money from the insurance company for medical expenses, pain and suffering, lost earnings and permanent injuries resulting from the collision.

Caruso advises people with property damage and personal injury claims against Fred Loya Insurance, Nevada General Insurance, Young America, Allstate Insurance and Geico Insurance to immediately contact a personal injury attorney for a free consultation.

 

Claims adjusters have no special duty to you to point you in the right direction. Instead, their job is to settle claims as cheaply as possible so that they may be rewarded in bonuses and a pat on the back by their claims supervisor.

 

A personal injury attorney such as the Caruso Law Offices will point you in the right direction, even if all you do is have a free consultation. A personal injury attorney’s loyalty is to you–no one else. Mark Caruso will give you a free consultation to discuss your claims against these five insurance companies and other insurance companies that might be causing you problems. He will also give you some additional insight that can’t be published in this public blog.

 

 

Call Mark Caruso at (505) 883-5000 for a telephone or in office appointment. We have 2 offices in Albuquerque to serve you–the Northeast Heights (Montgomery and Carlisle) or the Westside (I-40 at Coors). We handle cases statewide and make home visits, hospital visits and after hours appointments. Also, visit our main web site at www.carusolaw.com



- See more at: http://carusolaw.com/2013-poll-worst-insurance-companies-to-handle-your-new-mexico-car-accident-claim/#sthash.ImOYJaBh.dpuf

 

 

How Much Can I Get For Pain and Suffering After My Albuquerque Car Accident?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?"

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)
 

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 31 years. During that time I have exclusively handled personal injury and wrongful death claims. I worked as an insurance company attorney for a part of that time. So, I will give you my own analysis.
 

The purpose of compensation for pain and suffering is to compensate you for what you have been thru because of the car or truck accident that caused your injuries.

 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person.
 

The amount of the medical bills does not always dictate the amount of pain and suffering.

 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases. Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without alot of follow up care. Also, not much can be done to treat broken ribs.
 

Based on my experience of 31years of handling  personal injury  and  wrongful death cases, I believe that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills. In addition, there should be compensation for lost earnings, future medicals and permanent impairment. I believe that broken bone cases are worth about 7 times the medical bills.
 

 

Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County. Juries are much more inpradictable.

 

It is extremely important that injured patients communicate to their health care providers all of their pain and suffering and carefully describe how the injuries have affected them. If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills. 
 

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing documented by the health care provider. Picture it this way. You need to give the doctor the ammunition for your gun. They need you to feed them the information so they can document your complaints. 
 

It is more difficult for men to communicate pain and suffering to their doctor.

 

The reason is that most men find it more difficult to complain about their pain. Men are macho, and it may be considered a sign of weakness to complain of pain. Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.
 

Insurance company adjusters and their attorneys, judges, arbitrators and jurors will carefully read the medical records written by the health care provider. If no pain and suffering is mentioned, don't expect a large amount of pain and suffering.

 

A personal diary of how the injuries have affected you is also helpful.

 

The diary can track specific instances an dates of pain and suffering. The diary should include names of people who witnessed the discomfort and the degree of discomfort. The diary can also be read by the decision maker in determining how the injuries affected your daily life.
 

Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their  personal injury  and  wrongful death  claims.   Caruso Law Offices  has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact  Mark Caruso  at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361.


Your consultation will be with  Mark Caruso,  not a legal assistant or paralegal. He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain  Caruso Law Offices'    discounted 29% contingency attorney fee  on all pesonal injury  and  wrongful death claims.

Medical Expenses Paid by NM Auto Insurance Company After My Albuquerque Accident Claim



Mark J. Caruso, Personal Injury Attorney

     So often I am asked this question..."What medical expenses can I get from the insurance company now that we know the collision wasn't my fault?"  This is really an easy question to answer, because state law dictates what you are entitled to.  However, just because you might be claiming a medical expense doesn't mean that you automatically get the money for those medical expenses.  It is still up to you and your attorney to provide the insurance company with the facts and evidence to prove the damage.

     Under the law of the state of New Mexico and most other states, medical expenses must be reasonable, necessary and a direct result of the injuries sustained in the collision. 

     The medical expenses must be reasonable in price compared to charges made by othere health care providers in the same community.  This can be easily proven, and our firm has the annually published medical fees to help prove the reasonableness of the charges. 

    The medical expenses must be necessary and needed because of the injury from the collision. No one would expect the insurance company to pay for a medical expense that you really didn't need.  You are, however, required to mitigate your damage.  That means that you are allowed to have diagnostic tests and examinations to determine whether you have an injury.  If you have some pain that you didn't have before the collision, you are expected to take reasonable precaution to determine if you have an injury.  If you ultimately determine that you don't have any injury, the insurance company will still pay for the cost of the examination and diagnostic x-rays and other tests. 

     The medical expenses must be a direct result of the injuries sustained in the collision.  You can't ask the insurance company to pay for anything that their driver didn't cause.  However, they must also pay for the aggravation of a previous injury. As an example, let's say that your leg already had degenerative problems because of your age.  It really didn't cause you any problems before the accident, but the twisting of the leg in the accident required you to now have physical therapy and ultimately a surgery.  You aggravated the degenerative condition so now you must have the extra medical care.  This would be a valid claim against the insurance company.  The medical records provided by your doctor should clearly indicate that the medical care was needed as a result of the collision.  If it doesn't state this on the records, then you should contact your doctor or his/her staff immediately to determine what he/she believes was the cause of the injury in the first place. 

     Once you have finished all of your treatment, it is realitively easy to determine your total medical expenses.  You need to use the retail price of the medical expenses, not the amount paid by your health insurance or the amount you paid as a deductible or co-pay.  It is usually a simple addition of the charges.

     Sometimes doctors will state that you need to get extra money from the insurance company for future medical expenses.  An example would be a doctor stating that you need one physical therapy visit per month for a total of 12 more months.  You would need to calculate the cost of  each visit and multiply times the number of visits the doctor says that you need and you then have an additional number for future medical care.  Again, the same rules apply to future medical expenses that apply to the past medical expenses.  The future medical expenses must be reasonable, necessary and a direct result of the collision. 

   This discussion above is merely a synopsis of the law.  I would ask that you personally call me, Mark Caruso, for a free consultation at 505-883-5000 if you have any questions.  During this conversation will will discuss what happened in your accident, how you were injured and the medical care that you have received or will be receiving.  It costs you nothing to talk to me, and I would like to help you even if you chose not to have us represent you.

  If you mention this blog we will also give you a discount on your attorney fee.  Rather than pay a full 33 1/3% fee that most lawyer charge, we will reduce the fee to 29% if we can settle your claim without a lawsuit being filed.  This puts more money in your pocket.  I hope to hear from you. 

Best NM Lawyers--AVVO Lawyer Ratin "9.9 SUPERB" Rating

Attorney Mark Caruso receives high marks and ratings from clients and other attorneys in handling of Albuquerque, NM personal injury and wrongful death claims.

  
Albuquerque personal injury attorney Mark Caruso has just been ranked by a prestigious attorney and lawyer rating ranking service as a  "9.6  SUPERB"  on AVVO Lawyer Ratings.   Mark Caruso ranks extremely high in the areas of Experience, Industry Recognition and Professional Conduct.  Mark Caruso has received numerous attorney and lawyer peer endorsements as well as the highest client ratings for his handling of personal injury claims. His attorney and lawyer peers have ranked Mark Caruso is one of the highest rated personal injury attorneys in the State of New Mexico.

 

     This AVVO lawyer rating of "9.9  SUPERB" makes Mark Caruso and Caruso Law Offices one of the highest and best AVVO rated personal injury attorneys and law firms in New Mexico. A perfect score is a 10.
     Thank you to the many clients, attorneys and lawyers who helped Caruso get this "9.9  superb" rating. The AVVO lawyer rating cannot be bought with paid advertising, but is earned from experience, industry recognigion, lawyer and attorney peer reviews, client reviews and professional conduct. It is considered the most verifiable attorney and lawyer  rating service available today.
     Avvo Lawyer Rating is guided by two basic principles:

1. Provide an unmatched level of transparency. Many of the online resources available today only show information about the lawyer who pays the most to be there. Avvo plays no favorites. We provide an unparalleled level of transparency that shines the same light on all licensed lawyers, enabling people who may know very little about law to make smart, informed decisions.

2. Provide more information and better guidance. We believe that access to easy to understand information about lawyers, coupled with guidance on how to use that information, is the best way to help people choose the right licensed professional. Information is empowering: the more people learn about their lawyers, the more comfortable and confident they'll feel seeking help. This benefits clients and great lawyers.

     Caruso Law Offices only handles personal injury cases.  As a former insurance company attorney, Mark Caruso and his staff us their experience to get the most money possible for their clients.  Because Mark Caruso knows the ins-and-outs of the insurance claims business, the claims adjusters' dirty tricks don't work on him.  Most cases settle out of court without a lawsuit, and Caruso is a strong believer in pre-litigation mediation and settlement conferences to get his cleints the most money possible.  However, Caruso and his staff are committed to take all cases to arbitration or trial if the amount the insurance company offers is unfair.

    Mark Caruso offers a free initial consultation with an attorney (not just a paralegal, like most other attorneys) to discuss your case.  You can expect confidentiality, honesty and great nuggets of legal help and information from this free initial consultation.
     Caruso Law Offices is located in Albuquerque, New Mexico and has two offices to serve its clients. Telephone is 505-883-5000  website is www.carusolaw.com and email is mark@carusolaw.com

Best and Highest Rated NM Lawyers- Million Dollar Advocates Forum, The Top Trial Lawyers in America

Million Dollar Advocates Forum admits Albuquerque, NM personal injury and wrongful death lawyer Mark Caruso to prestigious group of lawyers who have settled many million dollar claims against insurance companies.

In December 2012 Albuquerque personal injury attorney Mark Caruso was recently named a life member to the "Million Dollar Advocates Forum, The Top Trial Lawyers in America".

Established in 1993, the Million Dollar Advocates Forum  is one of the most prestigious groups of trial lawyers in the United States.  Membership is limited to attorneys who have won million and multi-million dollar verdicts and settlements. There are over 4000 members throughout the country. Fewer than 1% of U.S. lawyers are members.

 

The quality of attorney membership in the Million Dollar Advocates Forum is very impressive and includes many of the top trial lawyers in the country. Many of our members, including Mark Caruso,  have achieved numerous million and multi-million dollar results (several members have won billion dollar cases). Their practice areas include most areas of litigation, including: major personal injury, products liability, malpractice, construction, environmental, employment, insurance and business litigation. The common fact is that each attorney has demonstrated, in an objective and tangible way, their ability to accomplish superior results in complex cases. Certification by the Million Dollar Advocates Forum provides recognition of such accomplishment and a national network of experienced colleagues for information exchange, assistance and professional referral.

Mark Caruso and Caruso Law Offices are located in Albuquerque, New Mexico.  The firm exclusively handles personal injury cases, and it offers two Albuquerque locations for its clients.  Telephone is 505-883-5000  website is www.carusolaw.com  and email is mark@carusolaw.com

top injury attorney, best injury attorney, auto accident, truck accident, motorcycle accident, bicycle accident, vehicle accident, injured, medical help, personal injury attorney in Albuquerque, personal injury attorney, personal injury victim, personal injury lawyer, money deserved, insurance company, medical professionals, letter of protection, physician lien, injured person with no insurance, expertise, experience, AVVO, Better Business Bureau, BBB, Top 100 trial lawyers, National Trial lawyers, American Society of Legal Advocates, Million Dollar Advocates Forum, Top trial lawyer in america, top trial lawyer in new mexico, top trial lawyer in albuquerque, American Association of justice, new mexico trial lawyers association, nm trial lawyers association, 29% fee, 29% discounted fee, contingency fee, former insurance company lawyer, former insurance company attorney, testimonials, cleint testimonials, client satisfaction, client ratings, mark caruso, lawyer, attorney, Albuquerque, New Mexico, Bernalillo County, www.carusolaw.com, www.AlbuquerqueAccidentAttorney.blogspot.com, highly rated Albuquerque personal injury attorney, 505-883-5000, Caruso Law Offices, personal injury case, personal injury, injury case, mjc427@gmail.com, Mark J. Caruso

Albuquerque Personal Injury Attorney Mark Caruso

Lawyer Mark Caruso

Featured Attorney Personal Injury

Albuquerque Personal Injury Attorney Mark Caruso, Highly Rated Albuquerque Personal Injury Attorney

Lawyer Mark Caruso

Featured Attorney Car Accident

How Much is Pain and Suffering Worth in Albuquerque, New Mexico?

One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth under New Mexico law?" 

By:  Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

My response is always that I quantify pain and suffering using the facts of each case. I have been an attorney for 31 years.  During that time I have exclusively handled personal injury and wrongful death claims.  I worked as an insurance company attorney for a part of that time.  So, I will give you my own analysis. 

 

The purpose of compensation for pain and suffering is to compensate you for what you have been thru because of the accident that caused your injuries. 

 

This not only includes the physical pain, but also includes the psychological effects, the stress, the time at the physician's office, the effect on your lifestyle and hobbies, and basically how the accident has affected you as a person. 

 

The amount of the medical bills does not always dictate the amount of pain and suffering. 

 

Clearly, victims with broken ribs or bones have less medical bills but have much higher pain and suffering than soft tissue cases.  Soft tissue cases usually have higher medical bills, because treatment is more intensive, while broken bones can usually be casted and left without alot of follow up care. Also, not much can be done to treat broken ribs.

 

Based on my experience of almost 30 years of handling personal injury cases, I believe that the pain and suffering for soft tissue cases are worth about 3 times the reasonable and necessary medical bills.  In addition, there should be compensation for  lost earnings,  future medicals and permanent impairment.  I believe that broken bone cases are worth about 7  times the medical bills. 

 

 

 

Arbitrators in Albuquerque have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County.  Juries are much more inpradictable.

 

 It is extremely important that injured patients communicate to their health care providers all of their pain and  suffering and carefully describe how the injuries have affected them.  If they don't communicate pain and suffering to their health care providers, they will have a much more difficult time getting 3 times the reasonable and necessary medical bills. 

 

Health care providers won't fabricate complaints and symptoms of pain and suffering, so if there are no complaints by the injured patient they will have nothing documented by the health care provider. Picture it this way.  You need to give the doctor the ammunition for your gun.  They need you to feed them the information so they can document your complaints. 

 

It is more difficult for men to communicate pain and suffering to their doctor.

The reason is that most men find it more difficult to complain about their pain.  Men are macho, and it may be considered a sign of weakness to complain of pain.  Nevertheless, men must report the pain to their doctor to get full value for their pain and suffering.

 

Insurance company adjusters and their attorneys, judges, arbitrators and jurors will carefully read the medical records written by the health care provider.  If no pain and suffering is mentioned, don't expect a large amount of  pain and suffering.

 

A personal diary of how the injuries have affected you is also helpful. 

 

The diary can track specific instances an dates of pain and suffering.  The diary should include names of people who witnessed the discomfort and the degree of discomfort.  The diary can also be read by the decision maker in determining how the injuries affected your daily life.

 

 Attorney Mark Caruso is a former insurance company attorney who now represents injured clients in their personal injury and wrongful death claims.    Caruso Law Offices has two locations in Albuquerque to serve its clients--Northeast Heights and Westside. Mr. Caruso will also meet you at your home, work or hospital on weekends and after-hours.

For a FREE consultation you can contact Mark Caruso at the Northeast Heights Office (Montgomery & Carlisle) at 505-883-5000 or his Westside Office (Coors NW and I-40) at 505-369-1361.

Your consultation will be with Mark Caruso, not a legal assistant or paralegal.  He will give you a confidential and honest evaluation of your claim, discuss medical treatment and explain Caruso Law Offices'    discounted 29% contingency attorney fee on all pesonal injury and wrongful death claims.

The "Personality" of the Albuquerque Insurance Claims Office

How will the insurance adjuster evaluate my injuries from a New Mexico car, truck, motorcycle, bicycle or pedestrian accident or collision?  Former insurance company attorney Mark Caruso gives you their secrets.

By: Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

 

        As a former insurance company attorney I got to learn the personality of the various insurance companies.  Yes, that's right....personality.  When I talk about their personality, I mean their attitude, character and likeability.  Some insurance companies are, quite frankly, easier to deal with than other insurance companies.  Some insurance companies just don't care if you file a lawsuit against their insured.  Other insurance companies will do whatever it takes to settle the case.

 

 

          Here are some examples, as they apply to Albuquerque.

          Progressive Insurance is one of the only insurance companies with adjusters based in New Mexico with claims adjusters that are actually New Mexico residents.  These adjusters are easy to talk to, understand New Mexico culture and really show an interest in trying to be fair to fellow New Mexicans in the valuation of cases.  Progressive adjusters will often meet with our lawyers and our clients to get a real feel for the client and their claim.  The handling of claims is more personalized, and there is a good liklihood that the claim will settle without a lawsuit.

          Allstate, on the other hand, is now completely based in Dallas, Texas. There is no  claims office in New Mexico.   Their claims adjuster's attitude is, well, no better way to describe it but "Texan".  The adjusters know little about New Mexico, and they never pronounce  our Spanish names the right way.  It often seems like the client is only a "claim number" rather than an actual person. They tend to make very low offers of settlment, don't want to personalize the claim and really appear not to care if the lawyer needs to file a lawsuit against their insured.  That's why most claims against Allstate require a lawsuit to get the client the full value of their claim.

         There are dozens of insurance companies selling insurance in New Mexico.  State Farm, Farmers, Geico, Progressive, USAA, Fred Loya, Young America, Nevada General, Hartford and AAA are among the largest.  Each has its own personality and attitude when evaluating cases.

         Caruso Law Offices, PC has been handling car accident cases against these insurance companies and others since 1987.  Understanding their personalities is extremely important in knowing how to get our clients the most money possible.  Each claims adjuster has their own likes and dislikes, and each has a certain way they like to evaluate their cases.  Some insurance companies pay extra when a Medical Doctor is involved in the case, and others substantially increase the amount when there is an ambulance. The differences are endless.

         Attorney  Mark Caruso used to work for the insurance companies before he began working for victims of personal injuries.  As a former insurance company attorney he knows the ins and outs of the insurance claims business.  That's why doctors, other attorneys, body shops and even insurance agents refer to Mark Caruso to handle their car accident claims. 

         If you have an auto accident call attorney Mark Caruso for a free consultation.  You will meet with an attorney, not a legal secretary.  We have two offices to serve you...Our Northeast Heights main office is located at 4302 Carlisle NE (Montgomery & Carlisle)  phone is 505-883-5000.   Our West Side satellite office is located at 2929 Coors NW  Suite 310, (Coors & I-40) phone is 505-369-1361.  

          We look forward to hearing from you. 

Study: Mobile Devices in Albuquerque, New Mexico Create Biggest Driver Distractions

Cell phones are major cause of auto and truck accidents in Albuquerque.  Don't talk or text while you are driving.

By Mark Caruso, Personal Injury and Wrongful Death Attorney (Albuquerque, NM)

 

A recently released study by the Governors Highway Safety Association (GHSA) revealed that cell phones and other mobile devices cause nearly 25 percent of U.S. car crashes each year. The GHSA, a nonprofit group that focuses on improved traffic safety, evaluated more than 350 scientific papers on distracted driving that have been published since 2000.
 

 

The study found that drivers are distracted nearly 50 percent of the time while operating a vehicle and that the use of a cell phone or other mobile device while driving caused a significant increase in the risk of crashing.

In 2009, there were almost 5,500 deaths and 500,000 injuries that resulted from distracted driving crashes, according to data from the National Highway Traffic Safety Administration (NHTSA). 

The GHSA suggested state safety measures, such as a complete ban on cell phone use for novice drivers and a texting ban for all drivers.

For more information on auto accident cases, contact Caruso Law Offices, P.C. at 505-883-5000 or see our website at www.carusolaw.com