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

Albuquerque, NM Wrongful Death Lawyers

WRONGFUL  DEATH  CLAIMS UNDER NEW MEXICO LAW

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

When you lose a loved one due to an accident caused by the careless actions of another, you want and need answers quickly. The New Mexico wrongful death attorneys at Caruso Law Offices can help you find out why the accident happened and help your family gain closure. 

 

The challenge of facing life without your loved one combined with funeral costs, loss of wages and support, and medical bills can be too much to handle alone. While no amount of compensation could ever make up for your loss, it’s our goal to help alleviate some of the financial responsibilities related to your loved one’s death, so that you can grieve with your family.
 

We can help you find out the real reason why your loved one’s death happened, and we can work with you to hold those who caused the death responsible.
 

How a N.M. Wrongful Death Lawyer Can Help

 

A wrongful death claim can help provide your family with the financial support needed to cover expenses associated with your loved one’s death. It may be difficult to receive compensation without an experienced New Mexico wrongful death lawyer who can help prove the party responsible for your loved one’s accident. Investigating the fault of all possible individuals and their various levels of insurance coverage can be complex.
 

Mark Caruso and his staff at Caruso Law Offices have been assisting families like yours in overcoming personal tragedies for more than 31 years. It’s our passion to help take care of your family’s needs during this difficult time.  You’re not alone—call us today at (505) 883-5000 or visit our web site at www.carusolaw.com
 

WHAT IS A WRONGFUL DEATH CLAIM?

 

Wrongful death claims are different than other personal injury cases. If you’re filing a wrongful death claim on behalf of your loved one, you’re not only facing outstanding medical bills and treatment costs; you’re dealing with grief, funeral preparations, and the difficulty of facing life without your family member.
 

In its simplest terms, a wrongful death claim is seeking compensation or money damages from the at fault people and their various insurance companies to pay for the loss of your loved one. Often there are several different layers of insurance that must be looked into before settlement can be made with any one particular insurance company.
 

 Mark Caruso and his staff at Caruso Law Offices will approach the legal process with compassion and understanding to get your family the legal support it needs. For more than 31 years, our legal team has helped the victims of tragedy receive the compensation necessary to rebuild their lives.
 

Who Can File a Claim?

 

Although many family members may be considered beneficiaries—or recipients—of wrongful death damages, only one family representative, who has been appointed by the District Court, can file the claim. We begin our involvement in the claim by talking to all family members who have any interest in becoming the lead person to handle the claim. Once a family decision is made on who this person will be, we file the appropriate court documents in the  court to name this person as  the representative (also known as the Administrator or Executor) of the estate.After the court appointment, we file a wrongful death claim against the at fault person.
 

Some of the family members who have traditionally been appointed by the Court to act on behalf of your loved one include a spouse, a child, an heir or heiress, a chosen beneficiary or a parent.
 

One of your duties as a representative of the estate is to hire a law firm to represent the estate. If you’re unsure if you’re eligible to file for wrongful death damages, a Mark Caruso can answer your questions and explain your family’s options.
 

Types of Damages in NM Wrongful Death Claims

 

In New Mexico, depending on the details surrounding your family member’s death, you may be able to recover damages for:
 

• funeral expenses,
• pain and suffering following the trauma causing the death,
• medical expenses resulting from the trauma leading to death,
• lost wages and future lost wages,
• lost benefits and future lost benefits,
• loss of support,
• loss of inheritance,
• loss of your loved one’s medical bills,
• mental anguish suffered by surviving family members.

•                                                                                                                                                          Mark Caruso and his staff of attorneys, paralegals, legal assistants, investigators and experts will use every resource possible to recover the full amount of compensation you need.

•  

We promise to leave no stone unturned in investigating every asset available to your family.

 

Mark Caruso can meet with you at either of his Albuquerque offices--Northeast Heights or Westside.  Consultations with Mark Caruso are FREE and without obligation.  He can meet you at your home, work, hospital on weekends and after-hours.  We represent wrongful death clients statewide New Mexico and in the Indian Pueblos and Navajo Reservation. Contact us at (505) 883-5000

 

 

New Mexico Car Accidents Prompt Parents to Regret Lack of Oversight

New Mexico Car Accidents Caused by Minors

 

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

 

The Albuquerque Personal Injury Lawyers at Caruso Law Offices understand that what's more, some two-thirds said they wished they had spent more time practicing with their teen about what to do, and how to react, in a high-risk situation.

The fact is, motor vehicle crashes are the No. 1 cause of death for teenagers in this country. These incidents claim more lives than drugs, alcohol, sporting injuries, gun violence and other dangers.

Yet, 40 percent of parents don't know this, so it's unsurprising that few take the time to really drive home to their teens the important of the safety knowledge with which they should be armed before getting behind the wheel.

Researchers with Allstate Foundation have teamed up with the National Safety Council to launch a program called Drive It Home, aimed specifically at parents of newly-licensed or soon-to-be licensed drivers. The idea is to not only educate parents about the potential dangers new drivers face, but also to provide tools for how to educate, establish guidelines and enforce rules.

The program uses a combination of graphic images and videos to drive home the message.

Researchers say that parents are the top source of information for teen drivers. They can lead by example and also by setting up clear expectations and consequences for failure to meet those expectations. Still, many parents are reluctant to take on this role. They perhaps have some poor behind-the-wheel habits themselves or don't feel qualified to teach road safety. They leave it up to the driving instructors.

But even with graduated driver's license programs, which are now in place in most states throughout the country, driving instructors are only going to have a limited amount of time with each pupil. It's up to you to ensure your teen is getting enough practice and that he knows what to do when encountering things like ice or aggressive drivers. He also needs to truly understand the potentially devastating and deadly consequences for things like speeding and driving while intoxicated.

It's a parent's job - or both parents' job - to underscore those points.

Some of the additional findings discovered by the Allstate Foundation's research include:

• Many parents simply don't understand how dangerous it is for their teenager behind the wheel. Inexperience is the top cause of crashes involving teenagers. And yet, three-fourths of parents think that the leading cause is unnecessary risk taking. That may lead parents to assume that because their child isn't a risk taker, he doesn't need additional guidance. But that's not he case.


• Although 90 percent of parents say it's critical for teenagers to learn how to drive at night and with other passengers, one-third of parents concede they haven't gone over these skills thoroughly with their child. In the end, this does a new driver a great disservice.


• About a third of parents of new drivers don't set any rules at all with regard to the teen's access or use of a vehicle. In fact, many aren't requiring their child to get permission before taking the vehicle somewhere. This leads to a perception that driving is a right, rather than a privilege. This kind of thinking can lead to more careless behavior.

The NSC recommends making it a priority to ride at least a half an hour each week in the vehicle with your teen driving.
Some things you can work on specifically with your teen include:

• Carefully watching the road ahead and learning to recognize certain hazards and how to react to them;


• Being mindful to control speed, turning, stopping and following distance;


• Becoming more skilled in judging the gap between vehicles in traffic;


• Managing high risk situation, such as driving at night and with passengers.

If you are injured in an auto accident in New Mexico, call Caruso Law Offices for a free and confidential appointment -- (505) 883-5000-- or visit our web site at wwwcarusolaw.com.
Statewide Representation.

New Mexico Wrongful Death Lawyer

New Mexico Wrongful Death Lawyer Mark Caruso Has Proven Results to Get You The Money You Deserve From The Wrongful Death of Your Family Member

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

31 Years Experience in NM Wrongful Death Claims.  Statewide Representation

Call Mark Caruso Today at 505-883-5000 for a Free Consultation

First, let me give you my condolences on the death of your family member.  If the death of your family member was caused by the wrongful act of another person, you may have a wrongful death claim that should be handled by a New Mexico Wrongful Death Lawyer.

A NM wrongful death lawsuit is filed against a person or people who have caused the death of another person. The wrongful death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The New Mexico wrongful death lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:

• A fatality resulting from any sort of vehicle collision
• Dying during an operation that was botched or after the wrong diagnosis had been made
• Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
• Being killed through the use of a defective product

Purposes of Wrongful Death Claims, and Why You May Need a New Mexico Wrongful Death Lawyer

New Mexico wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.

1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a New Mexico Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

New Mexico Wrongful Death Lawyer Mark Caruso  has had 30 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a New Mexico wrongful death, then contact the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, our firm will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

Caruso Law Offices provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Please see our website at www.carusolaw.com or contact New Mexico Wrongful Death Lawyer Mark Caruso directly at 505-883-5000.

 

Driver Distractions in New Mexico Car Accidents

Did a driver distraction cause your car, truck, motorcycle, bicycle or pedestrian accident or collision? Why are driver distractions so dangerous to Albuquerque, New Mexico drivers?

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

When a driver is involved in an accident, one of the first questions raised often investigates the true cause of the accident. If driver distraction played a key role in the accident, it is very important for an injury victim to investigate the incident and determine which type of driver distraction caused the auto accident.

Being involved in a car crash is never an ideal situation that a person would like to be in. Unfortunately, many people will be involved in at least one motor vehicle collision over their entire lifetime. If you were injured in a crash, it is very important for you to evaluate the situation and determine what may have caused this serious collision. Whether the accident was a side-impact crash (T-Bone collision), a head-on accident, or a rear-end collision, determining whether a distracted driver was the cause of the accident can be the source to financial recovery.

What is driver distraction and why is this action considered to be so dangerous? All throughout the country, distracted driving causes many auto accidents and claims many lives each year. In fact, according to statistics provided by the U.S. Department of Transportation, over 3,000 people were fatally injured in accidents caused by distracted driving. There are three different categories that each individual type of distraction falls under, including manual, visual and cognitive distractions. These categories are not mutually exclusive in the sense that some interferences with driving may fall under one, two or all three categories. The three categories are defined as follows:

Manual Distractions: These involve taking your hands off of the wheel. A person can engage in a multitude of actions that can constitute manual distractions, including texting, eating, grooming, changing the radio station, smoking, using a navigation system, and more. Even taking the hands off of the wheel for a split second can have catastrophic consequences should the vehicle travel over a speed bump, pothole, or another type of road block. When a person takes his or her hands off of the wheel, the driver, passengers, and others on the road are immediately at risk to be involved in an accident. If a driver is unable to maintain control of his or her vehicle due to having one or no hands on the wheel, an accident may be inevitable.

Visual Distractions: These disruptions in driving can be extremely dangerous because they involve taking your eyes off of the wheel. Whether you are reading a text message or looking in a mirror, this action is very dangerous. The U.S. DOT estimates that taking the eyes off of the wheel for 4.6 seconds at 55 mph is the equivalent of driving an entire football field with a blindfold on. Other forms of visual distraction can include watching a video, looking at passengers, or even looking at a nearby traffic collision while continuing motion.

Cognitive Distractions: This is one that involves taking your mind away from what you are currently doing. When a driver falls asleep at the wheel, day dreams, or even drives while intoxicated, he or she is engaging in a cognitive distraction. Texting or talking on the phone can constitute a cognitive disturbance during driving because a person must devote attention to the message being sent.
The U.S. DOT predicts that a person is 23 times more likely to be involved in a collision if they are driving while texting. Although 35 states have prohibited the use of text messaging while driving, many people are still doing so and causing serious collisions as a result. Because texting and driving is considered to be a manual, visual and cognitive distraction, it is one of the most dangerous and lethal types of driving impairments in the country.

If you or someone you love has been involved in any type of accident, it is very important to talk to an attorney to determine if some form of driver distraction has led to the accident. The government works hard on promoting safe driving techniques, and has even declared April as National Distracted Driving Awareness Month.

While many accidents are unavoidable, those that are caused due to driver distractions can be avoided by following the rules of the road and refraining from engaging in any type of visual, manual or cognitive distraction. For more information about auto accidents, distracted driving, and filing a claim for an accident you have been involved in, contact Caruso Law Offices at 505-883-5000

Albuquerque, New Mexico personal injury attorney Mark Caruso is a former insurance company attorney who now represents the victims in car accidents against insurance companies.  With 31 years of experience and the commitment to help you get the most money possible, you will recover every penny that the law says that you deserve.  Ask about our 29% discounted contingency fee for cases that settle without a lawsuit.

Getting Medical Care After Your Albuquerque, New Mexico Car Accident, Crash

Car or Truck Accident in Albuquerque, NM?   Find out how to get your medical care paid directly by at fault driver's insurance.

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.

New Mexico Drunk Driving Accidents Get You Punitive Damages!

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 thousands of drunk driving accidents in New Mexico in 2012, according to the New Mexico  Department of Transportation.

At Caruso Law Offices in Albuquerque we have worked with many families whose lives have been forever changed by drunk driving accidents. Our drunk driving accident attorneys meticulously examine all of the facts and circumstances surrounding every accident, including the actions of the responsible driver and factors such as the road conditions and whether the driver was served alcohol when he or she was visibly intoxicated.

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

We use every legal and negotiation skill at our disposal to obtain justice as well as financial compensation after serious drunk driving accidents. Drunk drivers put all of us at risk, including our families and loved ones. DRUNK  DRIVING MUST BE STOPPED!! 

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.

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.

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 resulting from drunk drivers.

Punishing Drunk Drivers in Civil Courts

DUI and DWI accidents that cause serious personal injury or wrongful death will be prosecuted in New Mexico's criminal courts, where drivers face possible fines, driver’s license suspension and jail time.

Drunk drivers must also 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.

The purpose of punitive damages is punishment, to hurt drunk drivers financially to enforce the seriousness of their actions. Punitive damages are available in drunk driving accidents because drunk driving is more than a mistake. It’s close to an intentional act like assault because 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 far 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.

Advocating for Families in the Criminal DUI Case

Drunk driving victims and their families also need advocacy in the criminal proceedings against the drunk driver who caused the accident.  Because of strong support of MADD (Mothers Against Drunk Drivers) we explain the criminal process to our personal injury clients more clearly and plainly. When we represent drunk driving accident victims in civil claims, we also represent their interests in the criminal proceedings. We present the victims’ view of events to the prosecuting attorneys and help prepare victims to testify at trials about the accidents’ effects on their lives and families.

Drunk Driving Victims and Their Families are Entitled to Compensation in Criminal Proceedings

Under New Mexico law, drunk driving victims have the right to seek compensation through the criminal process for any costs associated with the accident that are not covered by insurance. This is called restitution. Through both the civil litigation to recover damages and the criminal process and restitution, we are with 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 31 years legal experience in personal injury. We know how to get compensation for those injured from those responsible for causing the injury.

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   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 Wrongful Death Attorney

Wrongful Death Claims in Albuquerque, New Mexico

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

NM Wrongful Death Attorney Mark Caruso Has 31 Years of Proven Results for Wrongful Death Victims

Do You Need an Albuquerque, New Mexico Wrongful Death Attorney?  

Contact Mark Caruso at 505-883-5000 or visit our web site at www.carusolaw.com.  

Statewide Representation

What is Wrongful Death?

A wrongful death lawsuit is filed by a New Mexico wrongful death attorney against a person or people who have caused the death of another person. The death may have been premeditated or resulted from careless, irresponsible or negligent behavior. The lawsuit is filed on behalf of any surviving dependents or family members and, if successful, provides them with some compensation for the death. The process begins with the Court appointing a personal representative for the estate of the deceased individual.  Usually this is a relative. The personal representative appointed by the Court is in charge of the entire case and makes all the important decisions as to the direction of the case.

Wrongful death can result from a large number of circumstances in which somebody has died needlessly due to another’s carelessness. Wrongful death can include the following:

• A fatality resulting from any sort of vehicle collision
• Dying during an operation that was botched or after the wrong diagnosis had been made
• Fatalities caused by wrong prescriptions or an overdose of a drug used in treatment
• Being killed through the use of a defective product

Purposes of Wrongful Death Claims

Wrongful death claims are not designed so that surviving family members can benefit financially off of somebody else’s death. They have two primary purposes.

1. They provide assistance to a spouse, children or elderly parents who were financially dependent on the person that died. The payment, if granted, is given to the surviving relatives in a carefully prescribed manner. An economist expert is hired by the attorney to review the tax returns and other income documentation to help determine the real loss to the family.  Wrongful death laws do change a little from state to state, so that here in New Mexico, the statutes are somewhat different from what they are in California, Nevada or Texas.
2. Wrongful death laws act as a social deterrent. They serve as a warning, not just to the third party involved in the death, but to anybody else in the community who may act in the same manner.

Who is Entitled to a Wrongful Death Claim?

The lawsuit is brought before a Court and a juty will ultimately decide, on the basis of the evidence presented by the family and the economist expert hired by the attorney,  whether a lawsuit will be successful. The jury will also make a decision about how much should be paid out to the estate of the deceased individual. This will be based on who the likely heirs will be and what their needs are, now and into the future.

Usually, it is the surviving spouse and the dependent children who are the first in line to benefit from a wrongful death claim. There may be other people who benefit in the absence of either spouse or children. These could be the parents, especially if they were dependent or living at home with the deceased. If there is nobody that appears to fit any of the above descriptions, then the judge may decide to make a payment to anybody else who is next of kin or according to normal rules about intestate inheritance.

Wrongful death law is relatively new in the United States. In the past if somebody died as a result of an unexpected, yet needless death, then the possibility of making a claim for damages also ceased. This was changed over time because states decided that dependents of people who had died were suffering financial hardship as a result of the death.

Wrongful Death Attorney Mark Caruso with Caruso Law Offices has had 31 years experience handling wrongful death claims.

If you have had a close relative die recently in what you feel was a wrongful death, then contact New Mexico wrongful death attorney Mark Caruso at the Caruso Law Offices in Albuquerque, New Mexico at 505-883-5000. After a discussion of the circumstances surrounding the death, Mark Caruso will be able to give you a detailed opinion about the possibility of bringing a wrongful death lawsuit against the person or people who may be considered responsible. We do not charge anything for a consultation and you will not have to pay any legal fees unless we win a claim on your behalf. At our firm, we have 30 years experience and have successfully won many wrongful death claims for our clients over the years.

New Mexico wrongful death attorney Mark Caruso provides legal service for anybody in Albuquerque, New Mexico area that has had a close relative die due to somebody else’s actions and may want to pursue a wrongful death lawsuit. If you have had a member of your family die needlessly due to somebody else’s negligence or irresponsible action, then contact us. We will work tirelessly on your behalf to make sure that justice is received.

Albuquerque, New Mexico wrongful death attorney Mark Caruso will partner with you to get you the most money possible from the individual or company that caused the death of you loved one.  Call us today at 505-883-5000 for a free consultation with Mark Caruso.  We handle cases statewide and are able to meet with you after hours and weekends.