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

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

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

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

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

 

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

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

 

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

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

 

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

 

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

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

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

 

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

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

 

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

 

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

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

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


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

Payment of Medical Expenses Following Albuquerque Car Accident

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

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

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

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

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

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

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

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

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

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

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

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

• • • •

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

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

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

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

Best NM Lawyers--AVVO Lawyer Ratin "9.6 SUPERB" Rating

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

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

 

     This AVVO lawyer rating of "9.6  SUPERB" makes Mark Caruso and Caruso Law Offices one of the highest and best AVVO rated personal injury attorneys and law firms in New Mexico. A perfect score is a 10.
     Thank you to the many clients, attorneys and lawyers who helped Caruso get this "9.6  superb" rating. The AVVO lawyer rating cannot be bought with paid advertising, but is earned from experience, industry recognigion, lawyer and attorney peer reviews, client reviews and professional conduct. It is considered the most verifiable attorney and lawyer  rating service available today.
     Avvo Lawyer Rating is guided by two basic principles:

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

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

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

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

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

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

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

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

 

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

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

Albuquerque Personal Injury Attorney Mark Caruso

Lawyer Mark Caruso

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

Lawyer Mark Caruso

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