New Mexico Truck Crash, Accident and Collision Attorney

New Mexico Truck Crash Attorney for 18 Wheeler, Tractor Trailer, Commercial Vehicles and Semi Truck Crashes, Accidents and Wrecks

     Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation. Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries. With large amounts of money at their disposal and even employment and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

     At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.
Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle? We can help. Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes useillegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles. We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

     Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash. Call us for a free consultation at 505-883-5000 or mark@carusolaw.com or visit our web page at www.carusolaw.com

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

By Mark Caruso, Personal Injury Attorney (505) 883-5000

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

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 Tractor Trailer, Semi Truck, 18 Wheeler and Commercial Vehicle Accidents Require Special Attention

Albuquerque Truck Accident Attorney for 18 Wheeler,  Tractor Trailer and Semi Truck Crashes in New Mexico 

Crashes between small passenger vehicles and massive commercial vehicles like delivery trucks, 18-wheelers, semi trucks and tractor trailers can present unique legal challenges. A commercial vehicle’s owner is most likely be a national or even international corporation.   Damages and injuries experienced by a car or light-truck driver are typically severe. Oftentimes, the result is death or severe and crippling injuries.   With large amounts of money at their disposal and even employment  and trucking licenses at stake, commercial vehicle drivers have ample motive to be dishonest.

At the Caruso Law Offices in Albuquerque, New Mexico we have successfully handled many legal disputes involving 18-wheelers, semi trucks, tractor trailers and other types of commercial vehicles.
Have you been injured in an accident or crash involving a semi truck, 18-wheeler, tractor trailer or other commercial vehicle?   We can help.  Attorney Mark Caruso and his staff of attorneys, paralegals, legal assistants and experts are fully familiar and experienced with the unique challenges of motor vehicle crashes involving large commercial trucks, and can help you achieve a fair resolution of your case.

• Drivers often deny the essential facts of an accident. We can obtain the driver’s log, depose the driver and interview witnesses, and work to prove fault and liability.
• Drivers sometimes leave the scene of an accident. We can use the truck’s GPS system to prove the vehicle was at the scene of an accident.
• Drivers sometimes have two sets of official books. We can work to obtain both sets, illustrate discrepancies and prove liability.
• Drivers sometimes use illegal drugs, prescription drugs and alcohol when driving, or drive with insufficient sleep.
• Trucking companies and other companies often fail to properly maintain vehicles.   We can obtain maintenance records to prove negligence.
• We work with some of the country's best and most renowned trucking experts in proving that the driver AND his company were negligent.

 
Commercial vehicles are often highly insured, helping you obtain the financial compensation you deserve. Contact us for a no-charge discussion of your case. With 31 years of experience and successful settlements, awards and judgments to back up his reputation, Mark Caruso will get you the most money possible on your 18 wheeler, tractor trailer and semi truck crash.  Call us for a free consultation at 505-883-5000 or mark@carusolaw.com  or visit our web page at www.carusolaw.com
 

What Are The Medical Expenses The Insurance Company Should Pay After My Albuquerque Accident Claim



Mark J. Caruso, Personal Injury Attorney

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

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

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

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

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

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

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

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

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

Albuquerque Personal Injury Attorney Mark Caruso Awarded "9.6 SUPERB" Rating From AVVO Lawyer Rating Service

       Mark Caruso and Caruso Law Offices in Albuquerque, NM has just been ranked by a prestigious attorney and lawyer rating service as a  "9.6  SUPERB"  on AVVO Lawyer Ratings.  This was an increase from a 9.2 superb rating just a few weeks ago.  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 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

Albuquerque Personal Injury Attorney Mark Caruso named to prestigious Million Dollar Advocates Forum, The Top Trial Lawyers in America

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 awarded prestigious 2012 Client Distinction Award from Martindale Hubbell

Mark Caruso and Caruso Law Offices in Albuquerque, New Mexico have been awarded the prestigious 2012 Client Distinction Award from Martindale Hubbell, a non-biased and unpaid lawyer rating and referral service.  Mark Caruso was recognized by Martindale-Hubbell as an excellent personal injury attorney for his Quality of Service, Overall Value, Responsiveness and Communication Ability.  The award was a result of high client ratings and reporting to Martindale Hubbell and other forums.

Caruso Law Offices thanks its clients and fellow attorneys for their high ratings, and also thanks Martindale Hubbell for the recognition.

Caruso will continue to provide the highest quality service to its clients.

Caruso Law Offices has two offices in Albuquerque, New Mexico, and exclusively handles personal injury claims.  Telephone is 505-883-5000 and web site is www.carusolaw.com and email is mark@carusolaw.com 

Albuquerque Personal Injury Attorney Mark Caruso

Lawyer Mark Caruso

Featured Attorney Personal Injury

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

Lawyer Mark Caruso

Featured Attorney Car Accident

Medical Malpractice

Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong - and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side there is a complex process which rules out most frivolous suits.

The definition of medical malpractice is the deviation by a medical professional from the standards of the medical industry, thus causing injury or death to a patient. True medical malpractice is rare, but lawsuits for medical malpractice are not very rare. Successful malpractice suits must follow the definition of medical malpractice in that they prove that the doctor, through action or inaction, caused wrongful injury to a patient. Typically, this means that a practitioner grossly violated the standards set by the medical industry.

Because of the presence of medical malpractice lawsuits, medical professionals are required to maintain personal liability insurance to protect them and offset the costs of malpractice suits. However, in keeping with the definition of medical malpractice, the lawsuit must prove that the medical professional violated medical standards. This requires an expert to prove that there was a violation of standards. With medicine becoming more and more advanced, there are more things that can go wrong. This means that malpractice suits can take advantage of the legal aspects of medicine not being caught up with the practice.

As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.

There have been numerous high profile lawsuits against doctors who were said to have violated the definition of medical malpractice, but the fact is that these expensive lawsuits negatively impact the ability of the medical industry to offer quality care when they are brought about by people who are simply seeking money. With the new reforms that are being put into place, it is likely that frivolous lawsuits will begin to decline. As it is, they are on the rise and have been for quite some time. If something is not done to stop wrongful medical malpractice suits, the medical industry will continue to be inhibited in its ability to provide quality care at reasonable cost.

 If you or a friend or family member have been the victim of medical malpractice, please contact our office 407-644-3921 for a free consultation. or visit us at http://starkerlaw.com

Personal Injury Law Practice Areas
When another driver collides with your vehicle or causes an accident, that driver is responsible for the damages you sustain, whether it is property damage, personal injury, or consequential damages such as loss of work, medical expenses,etc.However, when the insurance company with their adjusters and lawyers get involved, it can be difficult to get what you are entitled. You will need to prove your case and be prepared to put on a jury trial, if the insurance company is being unreasonable. That is the only way to get fair treatment for you and your claim. But, the adjuster knows that you are not going to put on a jury trial, so it is tough to get a reasonable offer without the assistance of an aggressive and experienced personal injury attorney.So, if you have been injured in an car accident, call the Starkerlaw Office for a free consultation and case evaluation or visit us http://starkerlaw.com/

Motocycle Accidents

We have come to believe that there is no such thing as a minor motorcycle accident. If you are involved in a motorcycle accident, you will probably be seriously hurt and will need to be taken to the hospital.If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation. starkerlaw.com

Trucking Accident

Mr. Starker has handled many trucking accident cases over the years. If you or a friend or family member has been injured in a trucking accident, please contact our office for a free consultation. visit starkerlaw.com for more information...

WELCOME TO OUR LAW FIRM
Jeffrey D. Starker, Esq., has been an insurance and injury lawyer in Orlando, Florida, for over 15 years. Mr. Starker formerly represented insurance companies, and he currently represents people that have been injured in car accidents, motorcycle accidents, trucking accidents, and many other accidents.

Medical Malpractice Tips for Victims From Attorney In Orlando

What is medical malpractice and what should a victim do when it happens?
Medical malpractice occurs when a medical provider commits an error that is below the acceptable and appropriate standard of care, and the error causes injury or death to the patient.
Medical malpractice can be ordinary negligence, which is the failure to use reasonable care, or it can be reckless or intentional misconduct.
If you or a family member or friend are the victim of medical malpractice, read on to learn more about it here.

Common circumstances where medical malpractice occurs:

Medical malpractice may happen in different ways such as through a wrongful diagnosis or treatment, substandard care, neglectful prescription of medication, and failure to obtain informed consent before performing a medical procedure. Common circumstances also include –

• Injury or death from overdoses/prescription drugs.
• Birth injuries.
• Prognosis misdiagnosis.
• Anesthesia malpractices.
• Surgical negligence.
• Blood contamination.

Medical Malpractice In Orlando And United States

Medical mistakes are fairly common in the state of Florida, especially Orlando and all over United States.
Knowing what steps to take if you suddenly do not feel well after a surgery or medical procedure is extremely beneficial. Knowing a bit about the medical malpractice law in your state will also be helpful.

Orlando Medical malpractice law:

Medical malpractice law and a malpractice compensation claim aim to provide financial compensation      to victims of medical malpractice.
In addition, medical malpractice law also aims to deter and penalize the acts of medical malpractice or negligence by hospitals, medical practitioners, and medical authorities.
If you feel like you or a loved one has been a victim of medical malpractice, look into your options to be able to fight for your rights and right the wrong.

Steps To Take When You Are A Victim Of 
Medical Malpractice In Orlando:

When looking to file a medical malpractice claim, look for an experienced lawyer to help you out.
In Florida, medical malpractice claims are complex.
For instance, you are required to notify the alleged wrongdoer in writing and are required to perform a series of steps before you are allowed to file a lawsuit.
There are also statute of limitations issues.
An experienced lawyer will be able to protect your rights, fight for your rights, as well as get you the compensation you deserve.
Although filing for a malpractice case against the wrongdoers might not undo the damage caused by the negligent act, it may help to ease the financial burdens caused by the malpractice and give you a sense of justice.

Other Steps You Should Look Into If You Are 
A Victim Of Medical Malpractice IN Orlando:

• Consult with an expert doctor. When not feeling well after a procedure, consult a doctor from a different facility to find out if what you are feeling was caused by the procedure that was performed at the original facility.
• Look into the background and history of the medical practitioner or hospital. Check to see if there are similar cases filed against them.
• Know more about your health status while studying the outcome of lawsuits like yours.
• Looking for an expert lawyer to help you with legalities will be essential.

Medical malpractice suits will always be a hard battle to fight. But with the help of expert lawyers, your fight will be a lot easier and less stressful. Look into experts and professionals to help you win your case.
Jeffrey D. Starker, Esq., has been an insurance and injury lawyer in Orlando, Florida, for over 15 years.  Mr. Starker formerly represented insurance companies, and he currently represents people that have been injured in car accidents, motorcycle accidents, trucking accidents, and many other accidents.

choosing-the-right-personal-injury-attorney-in-orlando

Hiring a trustworthy, experienced, and talented personal injury attorney in times of difficulty is a challenging task especially if you live in Orlando.

Often you look for one when there are economic trials, after an accident, or when legal difficulties arise.

Feeling pressure and time constraint on top of the stress you have with your troubles, how can you find the right personal injury attorney?

Although, one must be able to take time to really choose the right representation. Having the right person or people to fight for your case will help you win. So choose wisely and look into these tips in choosing the right personal injury attorney.

Personal Injury Attorney - Practice and Experience In Orlando

Look into lawyers who have expertise in personal injury cases. Just as you would look for a cardiologist when you have a medical heart problem, looking for an attorney who specializes in the kind of case you have will be beneficial.

You wouldn’t want an cardiologist who would be studying the procedures and delaying your case because of lack of expertise. In the same manner, look for lawyers who have experience aside from expertise.

Personal injury attorney’s who have been practicing longer often times are better than the newer lawyers. Experience aside from the knowledge makes them a better candidate for the job.

Look for Local Personal Injury Attorneys In Orlando

If possible, look for an orlando personal injury attorney if you live in the area.

An Orlando personal injury attorney will be a lot easier to get in touch with someone local.

You can easily set up meetings, call without long distance charges, and visit their office if you have to. Aside from these, local personal injury attorneys would care more about their reputation as they are well established in their communities. Compared to an attorney you saw on TV, an Orlando personal injury attorney would be more accountable for you and your case.

Comfort is Necessary When Hiring A Personal Injury Attorney

Find an attorney you are comfortable with. Someone you know is behind your back no matter what and one who will fight for your cause 100%. Especially when you are feeling stressed, trying to heal from a loss or an injured relative, or if you personally are still recovering from an accident, finding an attorney you can trust and talk to easily will be very helpful.

Make sure that your attorney is likable and that you get along.

Your Personal Injury Attorney In Orlando Should Be Well Recommended

The people you know and you are close with will probably have your best interest at heart. Ask them for recommendations if they have any. Ask your family and really close friends for people they might be able to refer.

Meet with recommended attorneys and look if all other tips match the attorney. With a bit of research and a personal meeting, you’ll probably be able to gauge is the recommendation is a good fit for you and your case.

When choosing a personal injury attorney, take your time. Stays as level headed as you can despite the stresses and hardships you are experiencing. After all, choosing the right attorney will help you win your case or get you a settlement you can live with.

Jeffrey D. Starker, Esq., has been an insurance and injury attorney/lawyer in Orlando, Florida, for over 15 years.  Mr. Starker formerly represented insurance companies, and he currently represents people that have been injured in car accidents, motorcycle accidents, trucking accidents, and many other accidents.

GETTING MEDICAL CARE AFTER YOUR ALBUQUERQUE CAR WRECK

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.

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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.

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

     One of the most common questions I'm asked by clients is, "How much is my pain and suffering worth?"  My response is always that I quantify pain and suffering using the facts of each case. The amount of the medical bills does not always dictate the amount of pain and suffering.  Clearly, broken bone cases usually 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.

     Based on my experience of almost 30 years of handling personal injury cases, I believe that soft tissue cases are worth about 3 times the reasonable and necessary medical bills plus lost earnings, plus future medicals and plus permanent impairment.  I believe that broken bone cases are worth about 7  times the medical bills.  Arbitrators have been typically awarding 3 times the medical bills in court mandated arbitrations in Bernalillo County.  Juries have been giving close to this amount as well.

     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. 

     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 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 claims.  He is a 1982 graduate of Pepperdine  University School of Law and is a former State Representative in the New Mexico Legislature.  His offices are located in Albuquerque.  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

The "Personality" of the Albuquerque Insurance Claims Office

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

          Here are some examples, as they apply to Albuquerque.

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

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

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

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

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

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

          We look forward to hearing from you.