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.

How Can Chiropractic Care Help With Your Injuries From a Car Accident or Collision?

By Julie Bowen

If you have been injured in an Albuquerque car wreck or some other accident, you know that you need to seek immediate medical attention at the Emergency Room and follow-up care from your primary care doctor. Chiropractors have an important role to play as part of the health care team treating accident victims as well. They can help to evaluate the full extent of your injuries from the accident, and provide treatment to mitigate worsening of symptoms. 

Whiplash Injuries from Car Accidents

Chiropractors can treat injuries from car accidents, commonly known as whiplash, which is caused during a rear-impact collision. The impact from the collision can result in a number of health problems, including:

Loss of resiliency in the spine or limbs

herniated discs

difficulty with movement

chronic pain

difficulty concentrating

Chiropractic Consultation

During a consultation, the chiropractor will meet with you to discuss your injuries, get a description of your symptoms and take a case history. Be prepared to discuss any other treatments you have undergone with your family doctor and other specialists during this part of the visit. Don't hesitate to mention the emotional symptoms you are dealing with following the accident to the chiropractor, such as difficulty concentrating, irritability, and trouble sleeping. It's important to raise any existing conditions you may have, too, as these may affect your tratment.

According to the results of a new study, for example, there is a link between Post-traumatic Stress Disorder (PTSD) and chronic whiplash symptoms. Patients who are living with PTSD have higher levels of pain than whiplash patients who do not have this disorder. Learning how to deal with PTSD following a car accident will require seeking treatment from other professionals, and needs to be diagnosed appropriately so that you can get the right type of treatment, which may include medications, psychotherapy, or both.

Chiropractic Care for Soft Tissue Injuries

The type of soft-tissue injury which presents following a car accident may need more than just pain relievers and muscle relaxers to heal properly. These measure provide symptom relief but don't really do anything to get to the root of the problem.

The damage caused to soft tissues will not necessarily heal within four to eight weeks. It does not simply get better on its own with time and rest. This type of injury requires specific treatment if you are going to be restored to the state you were in before the accident.

Drug-free Treatment 

Chiropractors can offer a safe, drug-free treatment option to accident victims. Their approach is non-invasive. These trained professionals can focus on the following types of injuries:

• Back pain
• Headache
• Neck pain

Once the whiplash has been diagnosed, the chiropractor has a number of treatment options available to offer you. The first thing you may think of when considering visiting a chiropractor is manipulation, "cracking" the neck. This is not the only means of treatment available. The chiropractor can also offer muscle relaxation or stimulation therapy or suggest exercises which may help. He or she may also be able to suggest some ergonomic or lifestyle changes which can help to lessen the neck pain and promote healing. 

The first phase of the injury lasts for approximately 72 hours, during which time the damaged tissue bleeds continuously. During this phase, the injured body part should be treated with ice.

At the 72-96 hour mark, the damaged blood vessels repair themselves. This step marks the beginning of the regeneration phase of treatment, which lasts for between six and eight weeks. At the end of this stage, the gap between the torn tissues is bridged.

The third, or remodeling, phase is where the tissues become stronger and change to become more like the original, undamaged tissue. Proper treatment from a chiropractor can help to ensure that they heal properly to avoid developing into a chronic problem. Experts say that it takes about one year for damaged soft tissues to heal properly.

Compensation for New Mexico Accident Victims

If you have been injured in a New Mexico motor vehicle, truck, motorcycle, bus or pedestrian accident or collision and the other driver was at fault, you may be able to recover money for your injuries and your reasonable medical expenses resulting from the accident, including the cost of doctor's and chiropractor's bills. You can make a claim for pain and suffering.  You may also be able to make a claim for compensation for loss of income (past and future), which is why you and your legal team need to understand the full picture regarding your injuries and the impact they will have on your life. 

The Albuquerque law firm of Caruso Law Offices is well prepared to assist you with your claims against the insurance company.  Mark Caruso, the owner of Caruso Law Offices, is a former insurance company attorney, and he will explain your right to compensation and what you are entitled to be paid for from the insurance company. 

You can contact Mark Caruso directly at 505-883-5000 or their web site at www.carusolaw.com  They have some great YouTube videos describing your rights following a car accident at http://www.youtube.com/channel/UC1CfFrQ5rMb3eegwRl_S3aQ

 

 

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.

Payment of Medical Expenses Following Albuquerque Car Accident

Do you need medical care after your New Mexico car, truck, motorcycle, bicycle or pedestrian accident or collision? Do you have unpaid medical bills and expenses?  Have no health insurance but need to see a doctor for your injury?

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

You've been in a wreck. You're injured. You need medical care. The doctor's office says they won't accept your health insurance, and the auto insurance company for the at-fault driver won't pay your medical bills (or maybe they won't even return your calls). What do you do?

Auto liability insurance does not work like health insurance. They are not going to pay your medical bills as you go along. The auto insurance company expects you to go out and get all the medical care you need. Then, when you've completed all of your medical care, they want you to gather your medical bills and ask for reimbursement in one lump sum. That's right. You only get one bite at the apple. It's a one time settlement payment. And you cannot go back later and ask for additional money if your injuries turn out to be worse than you thought.

Getting medical care after a car wreck can be complicated and frustrating. A common mistake is failing to contact an experienced injury lawyers like Caruso Law Offices as soon as possible. That error may result in a "gap" in medical care, which the auto liability insurance company will use to argue that you did not go to the doctor because you were not really injured. The insurance company knows it's not true, but they don't care about that. Their goal is to pay you the least amount of money possible. It is extremely important that you get the medical care you need as quickly as possible after the wreck.

You may have been transported to the hospital by ambulance. Or you may have gone to the Emergency Room on your own. Maybe you haven’t been able to see any health care provider because of your concern about who will pay. You will be billed for the treatment you received--whether you have insurance or not. But what do you do after that? At Caruso Law Offices we can help you get the medical care you need, and we can make the at fault driver’s insurance pay for it. Here are some options that you should consider.

• Health Insurance: If you have health insurance coverage, you should use it. Unfortunately, several of Albuquerque’s HMO plans (Presbyterian, Lovelace and Blue Cross/Blue Shield of NM) are now refusing to pay for medical care following a car wreck. Most plans will still pay for the ambulance and the emergency room, but follow up care is usually restricted. Some health plans just push prescription drugs rather than physical therapy and other treatment. You'll still be responsible for deductibles and co-pays associated with your plan, but it sure beats having to pay the whole amount out of pocket! Remember, all plans require you to reimburse them from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Letters of Protection: You'll need a lawyer for this. A Letter of Protection ("LOP") is an agreement made with the doctor's office by your lawyer and you promising to pay the bill from the settlement proceeds. Doctors are not required to accept LOPs, but many doctors will do so. Meet with me to get my list of most local medical doctors, osteopathic doctors, dentists, psychologists, chiropractors, accupunturists, physical therapists, medical massage therapists, MRI’s and others who accept LOP’s. This means that you won’t pay any money out of your pocket at each visit, and you won’t get any bills until we get a settlement. These doctors agree to wait to get paid from the settlement and don’t charge any interest while waiting to get paid.

Because I have been in business for 30 years (25 years in Albuquerque) I have established great relationships with some of the best doctors in Albuquerque. Some medical doctors in Albuquerque refuse to accept a LOP from any other law firm except our firm and one or two others. I will help you find the best health care provider in the best location for you. I also know which doctors you should avoid because of bad reputations with insurance companies. I can usually get you in to see a doctor the day after I begin working on your claim. There is no reason why you shouldn’t find a health care provider to treat your injuries, and there is no reason why you shouldn’t get the best medical care possible. After all, you did not cause the wreck, and the at-fault driver’s insurance should pay for your medical care. I can get you the medical care you need following your wreck.

•Med Pay: You may have Medical Payments Coverage ("Med Pay") on your own auto insurance policy. This coverage typically provides benefits of $2,000 Med Pay can be assigned to medical providers so the doctor's office can bill your own auto insurance company up to the amount of your coverage limit. You should consult me before using Med Pay because there may be strategic reasons to use the coverage for some bills but not for others. Remember, your Med Pay plan requires you to reimburse your own insurance company from any settlement proceeds. However, I can usually negotiate a significant discount when your case is resolved.

•Medicaid & Other Government Benefits: If you already receive Medicaid, Medicare or other government benefits before your wreck, then you should be able to use that coverage for your injuries. It is also possible you may qualify for government benefits after the wreck. In that case, Medicaid may actually go back and pay all of your medical bills from the date of the wreck. Keep in mind, all government benefits require repayment when you recover money in your case. However, I can usually negotiate a significant discount when your case is resolved.

•Pay As You Go: This is the option of last resort if you don’t have insurance coverage available and you don’t want to issue a LOP.

• • • •

I hope this summary really helps you understand how you can get immediate medical care following your accident. I would love to give you an hour of my time to personally meet with you to discuss your specific car wreck and the medical care we can help you get for your injuries. Please call me at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office for a personal appointment with me, not a paralegal. The consultation with me is free, and you are under no obligation to retain me to be your attorney.

Before I began helping people like you, I represented insurance companies. I know how insurance companies operate. Now I only represent victims of car wrecks. I promise to use my experience as a former insurance company attorney to get you the most money possible. To do so you and I must cross every “t” and dot every “i” in order to anticipate and out-smart the tactics and strategies of the insurance company claims adjuster. Remember, their job is to pay you the least money possible, and they will use these tactics and strategies against you unless we are confront them up front.

When we meet I will explain to you that we are only paid if we recover an injury settlement for you. If we don’t get you any money, then we don’t deserve any fees. We don’t charge any attorney fee to get you the highest settlement for your property damage and rental car/loss of use and depreciation/diminution in value of your vehicle. I will also offer you our reduced attorney fee of 29% if we can settle your case without a lawsuit. That means that you put more money in your pocket, and our firm gets less money. We can do this because we don’t spend thousands of dollars on television, billboards and yellow page advertisements.

Please call me today at (505) 883-5000 at our Northeast Heights Office or at (505) 369-1361 at our Westside Office to immediately meet with me to discuss you car wreck. You’ll get honest answers based on my 30 years doing personal injury claims. You’ll also get a discounted 29% attorney fee. I look forward to our personal and confidential meeting. Please call me today so that you do not have a gap in your medical treatment.

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.

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