Drunk Driving Is More Than A Mistake--Victims Deserve Justice Under New Mexico Law!

Drunk Driving Is More Than a Mistake — Victims Deserve Justice Under New Mexico Law!

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

Despite public education and strict laws against drunk driving, there were still thousands of drunk driving accidents in New Mexico in 2015.  Many of these collisions resulted in death.

Over the years there have been new laws introduced in the NM Legislature for stronger DWI laws, but there seems to always be  opposition by lobbyists associated with the liquor industry lobbyists and politicians to defeat tougher DWI laws.

As politicians continue to debate, the collisions caused by drunk drivers continues...year after year.  If you are like most New Mexicans you are sick and tired of hearing about injuries and deaths caused by drunk drivers.

Mothers Against Drunk Drivers of NM (MADD-NM) publicly supports safe driving and consoles families of those killed by drunk drivers.  But they have a limited budget to do what they do best.

We sympathize with the outrage of drunk driving victims and their families

At Caruso Law Offices  we have worked with many families whose lives have been forever changed by drunk driving accidents. We are also frustrated with these senseless accidents. Many of us at the firm have had friends or relatives killed by drunk drivers.

Our job as drunk driving accident attorneys is to make sure that those responsible pay the consequences, and that their victims are compensated to the fullest extent permitted by law. That's why we use every legal and negotiation skill at our disposal to obtain justice as well as financial compensation after serious drunk driving accidents.

Mark Caruso is a member of the Attorney Advisory Board for New Mexico Mothers Against Drunk Drivers (MADD).  He has handled many wrongful death cases and hundreds of injury cases resulting from drunk drivers.

Punishing Drunk Drivers in Civil Court

Drunk drivers must answer for their actions in civil court or through insurance claims against them.  These civil claims are where we come in.

Insurance claims involving drunk driving accidents are different from other types of motor vehicle accidents because the injury victims or surviving families may be entitled to punitive damages in addition to compensation for the economic, personal, and other losses suffered.

Punitive damages are allowed by NM law where a drunk driver caused injury or death to others. The purpose of punitive damages is punishment to the drunk driver... to hurt the drunk driver financially and to enforce the seriousness of their actions. The idea is that if the drunk driver has to pay punitive damages, then he/she will not drive drunk again.

Punitive damages are available in drunk driving accidents in New Mexico because drunk driving is more than a mistake. It’s close to an intentional act like assault. A person who has had too much to drink and who gets behind the wheel of a car knows there’s a good chance of an accident.

Depending upon the circumstances, punitive damages may  exceed the financial damages suffered in an accident. Because of this possibility, we must carefully examine all of the factors regarding the accident, such as whether the driver had a history of driving drunk.

In addition to punitive damages, victims of drunk drivers are entitled to payment for medical bills, pain and suffering, lost earnings and wages and partial permanent injury and impairment.

Advocating for Families in the Criminal DUI Case

DUI and DWI accidents that cause serious personal injury or wrongful death will be prosecuted in New Mexico's criminal courts, where drunk drivers face possible criminal,  fines, driver’s license suspension, vehicle confiscation, breath analyzers (blow machines in personal vehicles) and jail time.

Drunk driving victims and their families may need advocacy in the criminal proceedings against the drunk driver who caused the accident.  We strongly support MADD (Mothers Against Drunk Drivers) which is especially adapted to assist victims.

Because one of our associates at Caruso Law Offices used to be a prosecuting attorney handling many DWI cases, we are keenly aware of how the criminal system works.  We help explain the criminal process to our  clients  as clearly and plainly as possible. We also can assist our clients in the criminal proceedings against the drunk driver. We present the victims’ view of events to the prosecuting attorneys and can help prepare victims to testify at trials about the effect of the DWI accident on their lives and families.

Drunk Driving Victims and Their Families May Also Be Entitled to Compensation in Criminal Proceedings

Under New Mexico law, drunk driving victims may have the right to compensation through the criminal process for any costs associated with the accident that are not covered by insurance. This is called victim restitution.

Through both the civil litigation to recover damages and the criminal process and victim restitution, we assist our drunk driving accident victims and their families every step of the way to see that justice is done and that they are compensated to the maximum extent permitted by law.

Discuss Your Questions With Experienced Drunk Driving Accident Lawyers

Drunk driving cases are serious — often resulting in life-changing injury such as brain injury, spinal cord injury or wrongful death. Each case deserves serious attention from knowledgeable drunk driving accident lawyers. Mark Caruso has 33 years legal experience in personal injury. As a former insurance company attorney who now works for victims, he knows the ins and outs of the insurance claims practice to get clients the most money possible.

If you were seriously hurt or a family member was killed in a fatal accident, contact our Albuquerque law firm for an immediate and confidential consultation about your legal rights. Our drunk driving accident lawyers can help you or your family get the financial compensation to which you are entitled.

Our drunk driving accident attorneys meticulously examine all of the facts and circumstances surrounding every accident, including the actions of the responsible drunk driver and factors such as the road conditions and whether the driver was served alcohol when he or she was visibly intoxicated.

We will also explore the circumstances causing the driver to become intoxicated.  Often times the store, restaurant or bar where the liquor was purchased is liable under New Mexico's Dram Shop Law.

To schedule a free and private consultation with Mark Caruso or one of the attorneys at Caruso Law Offices, call 505-883-5000, or contact us at mark@carusolaw.com  Please also see our website at www.carusolaw.com

We will meet with you and provide a free evaluation of your case. You’ll be able to meet our entire team that will represent your interests and be there with your every step of the way.

Call us. We can help.

New Mexico Dust Storms Are Recipe for Disaster for New Mexico Drivers

NM Dust Storm Accident Attorney

This week several families suffered the extreme loss of the life of their loved ones in a horrific vehicle crash on Interstate 10 near Silver City. Others suffered personal injuries and were rushed to nearby emergency rooms. Our prayers are with all of these families.

Drivers were safely driving their vehicles when a sudden dust storm blinded all drivers and caused the crash of tractor trailers and personal vehicles. This area is notorious for sudden dust storms causing zero visibility. Caruso Law Offices currently represents victims of dust storms in this same area. They slowed their vehicle when the dust became too obstructive to see where they were going, and they wer slammed in the rear by a semi-truck going 55 mph. Fortunately, they survived the rear-end crash but suffered major injuries.


What can be done to stop these dust storms? Nothing can be done to stop the dust storm. They are a natural phenomena. More rain in the area would help reduce the threat.

What should you do when confronted with the sudden dust storm? Slow down! Drive defensively. Turn your bright lights on. Turn your flashers on, and slowly pull over to the shoulder making sure that you are well off the road. Don't stop your vehicle on the roadway, as this is against the law even in a dust storm. I also recommend turning on the interior lights to make you as visible as possible. Don't stop your car too close to the vehicle in front of you.

The storm will be over as quickly as it started. Don't get on the road right away. Stay on the shoulder until you can see if there are any accidents in front of you. Be extremely careful as you re-enter the roadway.

Should you be involved in an accident, stay in your vehicle until the storm is over. There is the possibility of a chain reaction with other vehicles behind you, and you are safer in your vehicle than in the road during the dust storm.

If you are involved in a collision caused by a vehicle on the side or behind you, it is important to speak with an attorney as soon as possible. We need to immediately gather facts and evidence to determine the person or persons at fault and make sure that you have no liability for the collision. We can send an investigator to the scene and discuss the collision with the investigating authorities. It is important to gather all of the facts and statements as quickly as possible.


Because we have handled so many collisions and crashes caused by dust storms in New Mexico we have a unique way of handling these types of cases. And that is why we have been so successful for our clients, getting the full value for the repair or totaling of their damaged vehicle, a rental vehicle and full compensation for their injuries--medical bills, pain and suffering, lost earnings and permanent injury.

I used to be a former insurance company attorney, so I know the ins-and-outs of the insurance claims business. I used to represent the insurance companies, but now I exclusively represent the victims of the negligence caused by another. We use our experience to represent our clients to get them the highest compensation possible.


Please see our client reviews at our main website www.carusolaw.com There is no better way to pick an attorney than to see actual testimonials. And if you would like to see the actual written testimonials, just call and ask to see them at our office. We pride ourselves on good endorsements from our clients. That's why we have been so highly rated by the Better Business Bureau A+, AVVO and other independent rating organizations.

We offer a free consultation with our attorneys at one of our two offices in Albuquerque--the Northeast Heights or the Westside. We also will travel to meet you at any location in New Mexico, including your home, place of work, hospital or nearby coffee shop. Please call us at (505) 883-5000 to speak with me or one of the attorneys in our office. We look forward to hearing from you.

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

Mark Caruso Named Top 100 Trial Lawyers in New Mexico by the National Trial Lawyers Association

Albuquerque Best Personal Injury Attorneys

Albuquerque personal injury and wrongful death attorney Mark   Caruso has been named to Top 100 Trial Lawyers by the National  Trial Lawyers Association.  The selection was made from all plaintiff and defense lawyers in the State of New Mexico.



Mark Caruso, Attorney

The National Trial Lawyers Association is a professional organization of America's top trial lawyers.  Membership into the organization is by invitation only and is extended to to those attorneys who exemplify superior qualifications, trial results and leadership in their respective state.  Mark Caruso was determined by the NTLA to be an exceptional trial lawyer in the practice area of Civil Plaintiff Litigation.


Caruso Law Offices was founded in 1982 in Los Angeles and in 1987 in Albuquerque.  Mark Caruso is licensed and authorized to practice in all state and federal courts in both New Mexico and California. After graduating Pepperdine University School of Law Mark Caruso primarily represented insurance companies, but since 1987 his practice has been exclusively limited to representing injured clients against insurance companies and large self-insured corporations.

Mark Caruso named Top 100 Trial Lawyers by The National Trial Lawyers Association

Mark Caruso offers a free and confidential appointment to personally discuss your personal injury or wrongful death claim.  Call Mark at 505-883-5000.  We have two offices in Albuquerque to serve our clients--the North East Heights Main Office (Montgomery & Carlisle) or the West Side Office (Interstate 40 and Coors NW).  You can find out more about Caruso Law Offices at www.carusolaw.com or www.AlbuquerqueAccidentAttorney.blogspot.com

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

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Mark Caruso Named Top 100 New Mexico Litigation Attorneys by American Society of Legal Advocates

Best Personal Injury and Wrongful Death Attorneys in New Mexico

       Albuquerque Personal Injury and Wrongful Death Attorney Mark Caruso was named a top 100 litigation attorney in New Mexico.  The American Society of Legal Advocates is an invitation-only, nationwide organization of elite lawyers in practice today who combine stellar legal credentials with a proven commitment to community engagement and the highest professional standards. A team of lawyers spent six months researching tens of thousands of lawyers across the country and manually selecting less than 1.5% of all lawyers based on an array of criteria. ASLA’s Top 100 Lawyers listings recognize exceptional legal talent.

 ASLA strives for practical diversity and rich experience in order to offer the best resources to those seeking counsel. ASLA’s easy-to-search directory enables those seeking representation to choose among a carefully-selected, highly-qualified community of lawyers with experience in wide-ranging practice areas in virtually any jurisdiction.

 With membership limited to less than 1.5% of of all licensed lawyers nationwide, ASLA selects outstanding lawyers in all states, with specialties varying per state depending on the number of practicing lawyers. ASLA aims to serve as a go-to source of exceptional legal advocacy, and, in turn, to strengthen professional relationships and best practices among member lawyers.

Mark Caruso is a 1982 graduate of Pepperdine University School of Law.  He is licensed in both California (1982) and New Mexico (1987) and exclusively represents victims of personal injury and wrongful death.  Caruso Law Offices offers two offices in Albuquerque for its clients--the North East Heights and the West Side. However, Caruso represents clients statewide throughout New Mexico and its reservations and pueblos.

Please visit our website at www.carusolaw.com or contact us directly at 505-883-5000 for a free and confidential appointment with Mark Caruso to discuss your personal injury or wrongful death claim.

Blog by Mark Caruso,  Albuquerque, NM Personal Injury and Wrongful Death Attorney


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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

 

 

At Fault Driver Uninsured? Don't Give Up On Your Claim Without Speaking to an Attorney!

Former Insurance Company Attorney Mark Caruso Gives Honest Answers to Your Questions.

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



At Caruso Law Offices, we deal with people who have been hurt in car accidents every day. Having auto insurance in place is a legal requirement in New Mexico, and our clients are shocked to discover that there are many people who get behind the wheel without this necessary coverage in place. When an accident occurs, they are at a loss to understand exactly what happens to their right to be compensated in a fair manner for their injuries and expenses. 

New Mexico is a Tort State

New Mexico operates under the tort system for car insurance purposes. The driver who is found legally at fault is responsible for paying for the damages he or she caused. People who have been injured have the right to sue to recover damages. Drivers are required to buy a minimum level of liability coverage, which pays for the injuries and damages they cause in an accident. The minimum requirements are as follows:

·  $25,000 in bodily injury coverage for a single accident victim

·  $50,000 in bodily injury coverage for all injuries caused in the same accident, regardless of the number of victims

·  $10,000 in property damage coverage

If You are Injured in a Car Accident

Caruso Law Offices, (505) 883-5000

In a situation where a car accident occurs and the other driver is at fault, you would be looking to him or her to compensate you for your injuries and damages. The first thing you would need to do is make sure that your health is looked after by getting appropriate emergency medical treatment, as well as any follow-up care recommended by the doctor. You will still need to continue paying off your car, since you are responsible for this expense even if your vehicle is in the shop. In the normal course of events, the at-fault driver's insurance company would pay your claim for damages. You may be asked to get more than one estimate before starting the work on your car, but you also have the option of having your own insurer pay for the damage, less your deductible. This could get you on the road more quickly than waiting to get estimates or have the damage inspected.

 

Getting Compensation for Your Injuries from an Uninsured Driver

The Insurance Research Council estimates that one in seven drivers is uninsured (2011). If you have been injured in an accident where the at-fault driver does not have insurance, the first place you should look to seek compensation for your injuries and damages is whether you have coverage under your own insurance policy through uninsured driver coverage. If you have this type of insurance, your own insurer will pay your claim for damages.

If you don't have any insurance coverage in place and the at-fault driver does not have insurance, you still have the right to sue and get a judgment against him or her. Don't assume that it is not worth your while to make a claim against someone who does not have auto insurance coverage before speaking with an attorney about your situation. 

The last thing you want to do is assume that the person responsible for causing your injuries has no assets that can be recovered to pay for your damages simply because his or her auto insurance coverage may have lapsed at the time of the accident. Being involved in a motor vehicle accident is a high-stress situation and you need someone on your side to can provide advice about the best way to continue. 

Your attorney can look at the facts of the accident, as well as the damages you have incurred and provide you with an expert opinion about your case. You can get the facts you need about preserving your right to sue by acting within the time limits set out by law as well. The worst thing you can do in a situation where you have been injured in an accident with an uninsured driver is to do nothing. Get the facts from an expert who is on your side, and that means speaking with a licensed attorney as soon as possible, even if you don't know the full extent of your injuries after the accident.

Call Mark Caruso, personal injury and wrongful death attorney, at Caruso Law Offices for a free consultation at (505) 883-5000 or visit www.carusolaw.com


By:  Julie Bradgate

Discounted Attorney Fee, NM Car, Truck and Motorcycle Accidents and Collisions

Discounted 29% attorney fee  for personal injury and wrongful death cases that settle prior to a lawsuit, including auto, car, truck, motorcycle, bicycle and pedestrian accidents and collisions

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

 

Discounted 29% attorney fee for personal injury and wrongful death cases that settle prior to a lawsuit is offered by Caruso Law Offices.  This includes personal injury and wrongful death cases resulting from auto, car, truck, motorcycle, bus, bicycle and pedestrian accidents and collisions.

This  29% discounted attorney fee  is unprecedented in New Mexico, and Mark Caruso was the first Albuquerque Personal Injury and Wrongful Death Attorney to give such a discount to his clients. Most every other  personal injury  and  wrongful death  attorney still charges the full 33 1/3% attorney fee.



This discounted attorney fee applies to all  personal injury  and  wrongful death  cases handled by Mark  Caruso including accidents, collisions, crashes and wrecks involving a  car,  truck,  semi-truck, 18 wheeler, tractor trailer, commercial vehicle,  motorcycle,  bicycle, bus,  pedestrian  and to all types of injuries and wrongful death including head trauma,  brain injury,  spinal cord injury,  broken bones, soft tissue injury, psychological injury including PTSD.

**The FORMULA  for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

At the conclusion of the pre-litigation settlement of your personal injury or wrongful death claim only 29% is deducted for attorney fees, not 33 1/3%.

 

The math is simple, but the additional pocket money for the client can be enormous!

**The RATIONALE for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

Caruso Law Offices  spends less money on expensive advertising than those other personal injury and wrongful death attorneys charging the   33 1/3% fee.

 

Caruso Law Offices  doesn't spend tens of thousands of dollars per month on television, radio, billboard and bus advertising. Because of the reduced advertising overhead, Mark Caruso can discount the attorney fee and put more money in the client's pocket. You don't really benefit from their advertising.

In fact, some jury polls indicate that juries don't like personal injury and wrongful death lawyers who advertise on television, radio, billboards and sides of buses. There is some evidence that they will award you less money because of who you have representing you in the courtroom.

Mark Caruso cites the NM Lawyers' Rules of Professional Responsibility which requires personal injury and wrongful death attorney to charge only a reasonable attorney fee based on the amount and kind of work performed. If the amount of work is less, why shouldn't the fees to the attorney be less. All personal injury and wrongful death attorneys should be following  Caruso Law Offices  example of the discounted fee. Fortunately, some attorneys have now begun copying Caruso's discounted fees.

**The  RESULT of the discounted attorney fee for all personal injury and wrongful death cases is simple.

A discounted attorney fee means more money in the client's pocket and less money in the attorney's pocket at the end of the case.

 

At the settlement of your case you are happier with our firm because you see more money going into your pocket with the  29% discounted attorney fee.

Mark Caruso continues to handle the property damage settlements and rental car for free.

A discounted fee does not mean discounted service!

 

Mark Caruso  has been practicing law since 1982--that's 31 years. An honors graduate of Pepperdine University School of Law, Mark is licensed in both California and New Mexico. He has been successfully handling personal injury and wrongful death cases for 31 years.

As a former insurance company attorney,  Mark Caruso  knows the ins-and-outs of the insurance claims business to get his personal injury and wrongful death clients the most money possible. He now uses that experience to help his clients against the same insurance companies. The lawyers and staff at  Caruso Law Offices  have been expertly trained by one of the most experienced and best personal injury and wrongful death attorneys in New Mexico.

There is no sacrafice in quality legal representation just because of the discounted attorney fee.

 

A discounted fee just means more money in your pocket when you settle your case.

Caruso Law Offices  gets new client referrals from prior clients, other non-personal injury attorneys, out of state attorneys, doctors, body shops and even insurance agents. These make up the majority of Mark Caruso's clients.

Some clients are attracted to the  discounted 29%  attorney fee.  Others are attracted to his experience as a former insurance company attorney who now works for the victims against these same insurance companies. Still others look at the high client ratings and testimonials as evidence of good work for their clients.

The attorney does less work in getting your case settled before a lawsuit is even filed,  and you should get a discounted fee since no lawsuit was required.

The discount applies to all  car accidents,  truck accidents,  motorcycle accidents, bus accidents, bicycle accidents  and  pedestrian accidents.  It applies to all personal injury claims and all wrongful death claims.

The people benefiting from this discounted fee are the clients of Caruso Law Offices. Call 505-883-5000 for a free consultation with Mark Caruso and find out why his  personal injury  and  wrongful death  law firm is so highly rated by clients and other attorneys. You can also see our website at www.carusolaw.com

Mark Caruso  is available NOW to discuss your  personal injury  or  wrongful death  case. Call him today at 505-883-5000
 

Call  Mark Caruso  for a FREE CONSULTATION to discuss your case by telephone or in person.
Once you personally talk to  Mark Caruso  you will understand why you need his history of experience and  skills in your personal injury and wrongful death claim.

Your consultation is FREE, so you have absolutely nothing to lose--and everything to GAIN!

Attorney Fees for Albuquerque Car Accident

Don't Pay the Higher 33 1/3% Contingency Attorney Fee in your Albuquerque Car Accident, Truck Accident or Motorcycle Accident

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

You have probably seen all the personal injury attorneys advertising on television, billboards and the sides of buses offering to represent you in your Albuquerque  personal injury or  wrongful death claim on a percentage fee basis.  This is called a contingency fee.

A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct for Attorneys set the ethical rules for  New Mexico attorneys to follow when charging personal injury clients a contingency fee for their  car accident,  truck accident  or  motorcycle accident. The Rules require the contingent fee to be reasonable and that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all personal injury or wrongful death cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the personal injury attorney before the lawsuit is filed. Most of the initial proof of liability against the at fault driver and gathering of medical records and bills for treatment of personal injuries are done by a paralegal or legal assistant supervised by the attorney.

The personal injury attorney becomes much more involved in the preparation of the settlement demand to the insurance company adjuster,  the negotiation of settlement and the conclusion of the claim with the client.

It's only if the insurance adjuster won't settle with the attorney and client that a lawsuit may be required.  The majority of our cases at Caruso Law Offices do in fact settle without a lawsuit.    If a lawsuit is filed because the case could not be settled, then the attorney has much more involvement and expenses in the claim.

Beginning in 2009  Mark Caruso  and  Caruso Law Offices  pioneered a new approach to contingent  attorneys fees in Albuquerque, NM. 

Caruso began discounting the attorney fee to 29% contingency fee in cases that settled before the filing of a lawsuit. Caruso believed that to be in compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet filed, that a discounted fee was warranted.

We currently discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into our  client's pocket in every case that we settle before a lawsuit! We also believe  it also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. 

Caruso Law Offices  receives most of its personal injury client referrals from word of mouth, and little advertising is really needed. Today, most of our clients with  car accident claims,  truck accident claims  and  motorcycle claims  are by word of mouth and referrals.

Lawyers insisting on the 33 1/3% fee try to argue that a discounted 29% fee means a lesser qualified attorney or law firm.   Not so with Caruso Law Offices!

Mark Caruso, the senior attorney at Caruso Law Offices, has 31 years experience and is a former insurance company attorney who now helps injured victims.   He is also licensed in both New Mexico and California, and he is a member of the New Mexico Trial Lawyers Association, the American Association of Justice and the prestigious Million Dollar Advocates Forum.  Caruso has been awarded Martindale-Hubbell's Client Distinction Award, AVVO Lawyer Ratings Superb 9.6/10.0 rating and Better Business Bureau's A+ rating.

Because Caruso Law Offices does not do television, radio, billboard or bus advertising, its law firm advertising overhead is much lower.  It doen't need to justify the higher 33 1/3% fee to pay for this expensive advertising. More importantly, the discounted fee of 29% helps who it supposed to help--clients of Caruso Law Offices.  It puts more money in the client's pocket, and less money in the attorney's pocket.

Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

Caruso Law Offices isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $8,000 a month, and some attorney television budgets are $20,000 monthly.  This attorney advertising does not mean that the particular attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

Mark Caruso would like to personally meet with you to confidentially discuss your car accident, truck accident or motorcycle accident. The consultation will be FREE and without any obligation whatsoever. We will discuss the facts of the accident, medical care you have received and future medical care that you may require.  We will discuss what to expect from the claims process and the "personality" of the automobile insurance company your claim is against.  We promise to answer all of your questions and give you honest and truthful answers.

 You can call Mark Caruso at 505-883-5000 or toll free at 800-657-9292.  We have two locations in Albuquerque-our Northeast Heights office and our  Westside office. Mark Caruso can also meet you at your home, work or hospital and on weekends and after hours.

We represent personal injury clients with vehicular accidents throughout the state of New Mexico and in the pueblos and reservations of our state.

You can also visit our web site at   www.carusolaw.com  or contact Mark Caruso at mark@carusolaw.com   We look forward to hearing from you.

Repair of Car After Albuquerque Car Accident

I Need My Car Repaired After an Albuquerque Car Accident!

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

You have been in a  car accident,  truck accident  or  motorcycle accident  in Albuquerque, and it wasn't your fault. How are you going to get your car damages repaired?

New Mexico law gives you rights against the person at fault and their insurance company.

But delays in the claims process may mean that you are driving around with a damaged car for weeks after the wreck.  What can be done to speed up this process so you can get your vehicle fixed.

Because  Caruso Law Offices  only handles  personal injury  and  wrongful death  cases, we run into this problem almost every day.  Here is my advice as a  personal injury  and  wrongful death  attorney with 31 years experience. I would be happy to give you more advice during a  free consultation.  Just call me at 505-883-5000 or email me at mark@carusolaw.com






 First, you need to understand that most of the time the officer will not give you the name of the insurance company and policy number for the at fault driver at the scene of the collision. The officer will give you a police report number and tell you that the report will be available in 7 to 10 days.  This creates the first problem of delay.

 

 

Without knowing the name of the insurance company or policy number you don't know who to contact.

If you have collision/comprehensive on your vehicle with your own insurance company, you should immediately begin the vehicle damage  claim  by reporting the accident to your own insurance company.  The phone number to the claims office and your policy number should be on your proof of insurance card you carry in your car.

Let your insurance company know that you want them to begin the property repair process.  Let them know that you do not want to wait for the at fault person's insurance. Do not let your insurance company intimidate you into waiting to deal with the at fault person's insurance.

For instance you might be told that you will need to pay a deductible if you go thru your insurance company but no deductible if you go thru the at fault person's insurance.  This is true.  But as we explain below, the timing should work out that you don't need to pay the deductible.  And even if you do pay it, you will get it back almost immediately after the at fault person's insurance gets copies of the repair bills.

You might also be told that your rates will go up.  This is a lie. New Mexico law prohibits your own insurance company from raising rates or, cancelling you  so long as the accident report states that the accident was not your fault.

 The "property damage adjuster" will take a short statement of what happened in the accident and instruct you on how to proceed on getting estimates.

Some insurance companies require you to get 2 or 3 estimates, while others will want you to make an appointment with them to physically inspect your vehicle.  Regardless of the amounts of the estimates, your insurance company will be required to pay for all the repairs to your vehicle less the deductible.

Now here is where it gets interesting.  While you are getting your vehicle repaired, probably 7 to 10 days has passed and the accident report is now available.  You need to get a copy of the accident report.

The accident report will state the name and contact information of the driver and owner of the at fault vehicle and the name and policy number for the at fault driver's insurance.  You need to immediately telephone the insurance company.  They will take your statement and ask you to fax them a copy of the accident report.  Bec extremely careful what you say to the adjuster because it can be used against you later.

You need to let the property damage adjuster for this insurance company know that your vehicle is currently being repaired, where it is being repaired and the amount of the anticipated repairs.  You will need to also fax this adjuster a copy of your estimates or appraisals you received from your own insurance company.

In most instances the at fault driver's insurance company will directly pay the auto body shop the full cost of all repairs, and you will have no deductible. 

You were able to get the process started using your own insurance company, and finished the repair to your vehicle using the at fault driver's insurance.

Unfortunately, if you don't have collision/comprehensive insurance you will need to wait until you get the accident report before you have any idea who to contact about the repairs to your vehicle.

If you need any assistance on your property damage claim or personal injuries resulting from the collision, please contact  Caruso Law Offices  at (505) 883-5000. We only handle personal injury and wrongful death claims.  That's all we do.  This lets us focus our entire law firm on just one type of law--Personal Injury and Wrongful Death.

Attorney  Mark Caruso  is a former insurance company attorney who now represents individuals who have been injured  car accidents,  truck accidents,  motorcycle accidents,  bicycle accidents, bus accidents or as pedestrians.

Mark Caruso has been an attorney for 31 years.  We have  2 offices in Albuquerque to serve you...Northeast Heights (Montgomery and Carlisle) and Westside (Coors and I-40). We also represent clients statewide and in the pueblos and reservations of our state. 

Call us at (505) 883-5000 for a  free consultation  with Mark Caruso or another attorney at our  personal injury  and  wrongful death law firm.  The consultation is confidential and without obligation.  We can meet with you at either office or at your home, work or hospital.  We can also meet you after hours and on Saturdays.

We look forward to hearing from you.

 mark@carusolaw.com

Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Albuquerque Police Chase and Pursuit Accident Attorney

Police Pursuit and Chase

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

Albuquerque Police Pursuit and Auto Accident Attorneys Serving Albuquerque and New Mexico Statewide

Have you been injured in a car, truck, motorcycle, bicycle or pedestrian accident or collision caused as a result of a police chase.  You may be entitled to compensation from the at fault driver and even the police department involved in the chase.

 

Albuquerque Police Chase Attorneys
 

Unfortunately, it is not uncommon for bystanders and innocent motorists to suffer personal injuries nd sometimes wrongful death, during police pursuits. According to data from the FBI, there are 300 deaths each year as a result of police chases. Innocent bystanders and motorists are the victims in 40% of these chases.
 

At Caruso Law Offices our auto accident attorneys understand the devastating effect an accident can have on  victims and their family. We support law enforcement  and all of those protecting our citizens. But we will fight to protect our clients if the law enforcement officer was negligent in the operation of his/her vehicle.
 

Unfortunately, there are instances when chases are unnecessary or when they are not performed in accordance with written police procedures. In these cases, only a lawyer who is experienced in bringing a claims on behalf of victims of a negligent police officers can successfully pursue a claim on behalf of an injured  victim.



 In these instances, Caruso Law Offices  with our proven track record of representing injured pedestrians and motorists in Albuquerque and other counties throughout  New Mexico can help you fight for compensation for medical expenses and other losses related to the accident. Call us at (505) 883-5000 if you have any questions.  We offer a free consultation with an attorney to confidentially discuss your claim.
 

Negligent Pursuit and Police Chases

Over the years Caruso Law Offices has  represented many families who have been affected by negligent police officers. Written policies provided to every officer set out specific procedures regarding safe pursuit. Often, either acting alone or as a result of a department's approach to chases, individual officers will disregard these procedures.
 

 

The officers then continue the chase well beyond the point when it is clear that the danger to the public outweighs the need to catch the suspect.

 

Often, the police can obtain a license tag number and use other investigative techniques to determine the identity of the driver without putting the public in danger. Avoiding pursuit at high speeds helps to avoid endangering innocent third parties.
 

If you received  personal injuries  or a family member suffered a  wrongful death  as a result of  a police chase or pursuit or any  vehicular accident  caused by a police officer, contact  Caruso Law Offices  today at (505) 883-5000.  Because of New Mexico's strict Tort Claims Act you are required to give written notice to the government  entity and file a lawsuit by specific deadlines.  Failure to do so will void your entire claim.  That's why it is so important to call us today.
 

 A lawyer with our office can help you hold the negligent or reckless police officer accountable for your injuries and accountable for his or her decisions and actions whether it be in Albuquerque, Bernalillo County or throughout New Mexico.  Our attorneys have recovered millions of dollars in settlements and awards on behalf of our injury victims. We can help you, too.
 

Taking on law enforcement officers who refuse to follow procedure and injure or kill someone is something that many lawyers refuse to do.  At  Caruso Law Offices  we believe that no one - law enforcement officers included - are above the law.  Good officers agree with us. Negligent ones who injure or kill innocent victims in police pursuits must be held accountable.
 

Call us today for a free consultation with an attorney at (505) 883-5000 or email us at mark@carusolaw.com   Also, please visit our web site at www.carusolaw.com    We offer statewide representation, and can meet with you at our office, your home or other location that is convenient for you.   

Albuquerque Car Accident Attorney, Rear End Accidents

Highest cause of auto, truck and motorcycle accidents and collisions in Albuquerque is from rear end collisions.

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

Rear End Collision, Mark Caruso--Albuquerque Auto Accident Attorney

Rear End Collision in Albuquerque Auto Accident

Rear-end  car accidents,  truck accidents  and  motorcycle accidents  in Albuquerque are a common occurrence, as they are throughout New Mexico.  Congested roads, older roads not build for high traffic volume, and the presence of red light cameras or other traffic control devices have all increased your risk of being involved in a rear-end collision.  Caruso Law Offices handle rear end accidents every day, because personal injury claims is all we do.  Call us at (505)883-5000 or e-mail us at mark@carusolaw.com or visit our web site at www.carusolaw.com

The Albuquerque Personal Injury Attorneys at the Caruso Law Offices are dedicated to helping accident victims recover losses through personal injury  and  wrongful death  litigation. Rear-end collisions are often described as whiplash claims. The fact of the matter is that they can lead to very serious, debilitating injuries.

With many types of accidents and collisions, a driver has some warning, and may even be able to take evasive action to avoid some of a collision's blunt force. With a rear-end collision, a vehicle's occupants typically have no such warning.

 

Caruso Law Offices has probably seen every type of possible rear end accident in the 31 years that we have been handling car accident claims. 

Common causes of rear-end crashes in New Mexico include:

• Tailgating
• Panick stopping
• Sudden stop by the first car
• Rapid acceleration by the second car
• Red-light cameras or other intersection technologies
• Congested streets
• Cell phone use
• Inattention

In many cases, the risk of serious or fatal injury is compounded by the size of the vehicles. Being struck from behind by a larger vehicle can be devastating, and may even force you into the vehicle in front of you. Conversely, hitting the rear of a larger vehicle, particularly a large truck, can result in an underride accident, in which your car is forced beneath the leading vehicle.

The rear driver is typically cited in such accidents.

 

A 2011 investigation by local Police Department found tailgating was the leading cause of injury crashes in the city - sending more people to the hospital than drunk driving or speeding.

In some cases, a defective vehicle claim may arise from a rear-end collision. Perhaps the brakes were defective.  In other cases, large commercial trucks without mandatory override guards or other protective equipment can result in a higher chance of serious or fatal injury.

Neck, Back and Whiplash Injuries From Rear End Collision in Albuquerque

Whiplash  is not a medical term. And unfortunately, it has become synonymous with injury lawsuits. Whiplash  is used to describe "Cervical Acceleration-Deceleration" injuries, which is the rapid movement of the neck.

It is very important to understand that the neck is a very delicate structure of tendon and bone. Neck, back, or shoulder injury as a result of a rear-end collision may include headaches, pain in the arms and legs and numbness. A  whiplash  injury may be the result of the stretching of the spine's anterior longitudinal ligament, which stretches or tears as the head snaps forward and then back.

We can refer you to local health care providers to treat your neck and back injuries. 

 

Most of these doctors will wait until you settle your case before any money is due them.  We work with orthopedic doctors, neurologists, chiropractors, dentists, internists, physical therapists, medical massage therapists, radiologists and other health care providers. 

You need to be evaluated if you are having any discomfort whatsoever.  We can arrange for a consultation with a doctor  if you have no health insurance or prefer not to pay a deductible or co-pay with your current health insurance.

Rear-end collisions can cause very serious neck and back injuries, which should not be dismissed and should not be taken lightly.

Victims should understand the long-term implications of such injuries. You should take injuries into consideration when determining whether to pursue a  personal injury  claim against an at-fault driver.

Remember that we offer a  29% discounted attorney fee.  Call personal injury and wrongful death attorney Mark Caruso today at (505)883-5000, e-mail us at mark@carusolaw.com or visit our web site at  www.carusolaw.com  to schedule a free confidential appointment with one of our attorneys. 

If your family is dealing with a New Mexico  car accident,  truck accident or motorcycle accident contact the Albuquerque personal injury and wrongful death attorney Mark Caruso at Caruso Law Offices today for a free and confidential consultation to discuss your rights. Ask about our discounted contingency fee.

Albuqueque Injury Lawyer - 505-883-5000 -- Free Consultation

Statewide Representation