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.

The Worst Bankruptcy

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
 

Payment of Medical Expenses Following Albuquerque Car Accident

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.

Food Poisoning

A person can become violently ill and suffer long term problems from eating bad food, or from swallowing a foreign object that is contained in food. Different types of bacteria present in bad food can cause many different types of illnesses and complications. If you or a friend or family member feel that you have been the victim of food poisoning, please contact our office for a free consultation.

Accident Attorney Orlando: Speeding, Traffic Laws, and Avoiding Accidents

An accident attorney Orlando or in whichever State you are located will help you get fair claims handling for accidents such as slip and fall accidents, personal injuries, and auto accidents. There are ways to avoid accidents though. When you’re a driver for instance, knowing information and following speeding and traffic rules will help you to avoid accidents. Here is vital information you should be aware of to help you in avoiding accidents. If the unavoidable accident happens though, information about accident attorney Orlando are also included. Read on and learn the essentials to help avoid accidents.

Speeding and Other Traffic Laws

Stay safe and avoid getting traffic tickets by doing the following:

• Obey speed limits.  Speed limits are posted to inform drivers of the maximum safe speed for a particular stretch of road. Obeying the posted speed limit keeps your vehicle under control for the type of road you are on, and it also keeps you moving with the flow of traffic. This helps avoid accidents. Complying with the speed limit also keeps you from getting costly speeding tickets, avoids rising insurance rates on your policy, and saves you the time and stress of court appearances.

• Children crossing. When you see a school bus displaying a stop sign to its left, do not pass the bus. It is illegal to do so.  More importantly, children are getting off the bus and could dart out in front of the bus and in front of you.  Knowing that you must stop for a school bus that has its stop sign activated will help you avoid hurting innocent children crossing the street.

• Honk less. Honking one’s horn should only be done during emergencies. Be especially careful when you are near a school, church or other area that is crowded with pedestrians because your horn can distract other motorists from their driving and could cause them to lose sight of a pedestrian or bicyclist.

• Let emergency vehicles pass you. If you hear a siren from an ambulance, police car or fire truck, give them the right of way.  Either pull off to the side of the road or turn off the road completely to let them pass.

• Completely stop when it is required. When there are stop signs, make sure you make a complete stop. Look on all directions for other vehicles and pedestrians before you cross.

Accident Attorney Orlando

If an accident happens and you need the help of an expert lawyer to help you get treated fairly, then you would be needing an accident attorney Orlando or an attorney in your area.  Look into various web sites to research experienced accident attorneys, such as the Starker Law website. Led by Jeffrey D Starker, P.A., Starker Law has been getting positive results for more than 15 years. With experience and expertise, they are able to bring favorable results to their clients. They also offer free consultations that may help you learn more about services they offer.

Avoiding road accidents should be easier with the right driving knowledge and skills. If the unavoidable happens though, look into professional accident attorneys to guide you and help you out.

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.

Hourly Rate - Frightening Charge in Auto Accident Attorney Fees

In previous post, we present contingency fee info that auto accident attorney will charge you in percentage. From now on, we will talking about another fee that made clients got a terrible time, "hourly rate".

This second fee might make you feel creepy if you didn't read fee agreement very well before accept lawyer's offer.

Normally, when you want to hire auto accident attorney to fight for your compensation, he/she will offer fees info for you to decide. In case of your lawyer win the case, he/she will gain money from contingency fee.

However, if the hourly rate is the one of fees you accept to pay to attorney too, you need to pay whether your attorney will win the case in the court or not.

This fee is relevant to the time it takes to prevail.

Hourly rate - one of auto accident attorney fees.

Hourly rate (or you can call it "hourly billing rate") is the fee that you will pay for every hour your lawyer works on your auto accident case. Hourly rate of each lawyer is different. Some lawyers will charge you this fee very much for every hour that spend in the court but less in every hour to prepare for the case.

Actually, when your attorney want to charge the hourly rate or contingency fee to you, both of them are indicators that point your case can't be winnable or not.

For the best answer, you should ask auto accident attorney about this hour rate in detail as much as possible. So you can save money and looking for reasonable expenses.

Next time, we will focus on the last charge in three auto accident attorney fees, "flat fee".

Find Us - Starker Law | Law Office

We handle cases throughout the State of Florida.  Although most of our legal work is in Orlando and the Central Florida area, we have handled cases in Miami, Fort Lauderdale, Tampa, Jacksonville and other areas of Florida.  We have also handled cases in other States within the United States.  If you live in Florida and get in an accident in another country or another State, we can either help you ourselves or we can locate an attorney in the area where the accident happened to help you.

Address: 236 S. Lucerne Circle East, Orlando, FL 32801-4400

 

 

click here for directions

Law Office of Jeffrey D. Starker, P.A.
236 S. Lucerne Circle
Orlando, FL 32801-4400
Phone 407-644-3921
Fax 407-843-5836
email julie@starkerlaw.com

Contingency Fee - One of Auto Accident Attorney Fees

Auto accident attorney fees are the main topic that everyone who will hire auto accident attorney should collect tons of info for decision.

Most of these lawyers will charge these legal services to the their client. Actually, there are three fees...

1. Contingency Fee
2. Hour Rate
3. Flat Fee

But today, we will talk about the first of list above.

Contingency Fee

One of auto accident attorney fees.

In some states, contingency fee is the expense that often will pay to your lawyer. It will be calculated based on pre-arranged percentage of the money from the total settlement amount or compensation amount.

This means that if your attorney can't win the case for you, you will not to pay this fee to your auto accident attorney. However, in case of your lawyer can't recover injury money for you, it doesn't mean that you don't need to pay any expenses to him/her.

With good will...
So we recommend you to read fee agreement many times. Understanding it will help you know the contingency fee percentage that attorney will charge to you when he/she recovered your money. For other question about contingency fee, you can ask attorney to get the right answer.

OK, this is contingency fee info for you. Next time, we might present you the second in car accident lawyer fee - "Hour Rate".

Find Out Auto Accident Attorney Before Too Late

Auto accident attorney, the lawyer who can give you help in auto accident case. Sometimes, even though people have their own auto insurance and are happy from car protection, luck is not always by your side.

OK, let us try to stimulate that you have a car accident. Of course, you feel very upset. However when you think very carefully, you think another driver is a fault. So you want to claim for personal injury for your injury and etc.

Auto Accident Attorney

But if the situation is the opposite?
You are injured but can't get money after car accident!? Auto accident attorney is the right answer.

Auto accident attorney

"The professional in personal injury case, because of auto accident."

Auto accident attorney is one of personal injury attorney, the lawyer for car accident. He or she is the lawyer who can help you get what you deserve, this specialized lawyer was trained and help you recover from losing money because of auto accidents. After you or your loved one are hurt, these victims have the legal rights to compensation.

When you explore in internet, you will realize that there are many auto accident attorney sites and some websites will offer free consultation. After you win the case, he will charge fees.

New Idea!
For some reason, talking about fees made us decide to write about auto accident attorney fees. Let us start with one of them - contingency fee.

However you should not determine about hiring them after read our info. We recommend if you are interested and want to hire them, you should learn info well form other sources before deciding.

PIP benefits that are available to you

In order for the PIP insurer to reimburse you, we must provide them with proof of your claim.  The following is a list of what is covered:

Medical Coverage

• PIP will pay for 80% of your medical bills up to a total of $10,000.00 (If you have medical payments coverage  on your policy, they will pay 100% of your doctor’s bills up to the policy limit). Your doctors will send in bills directly to the insurance company.  The bills must be submitted to the insurance company within a certain time frame or the insurance company can deny payment.

Wage loss 

• If you were working at the time of the accident, PIP will pay 60% of any wages that you have lost.  In order for them to pay, we first have to provide them with 2 things:

1. A disability slip from your doctor stating the dates you are unable to work due to injuries from the accident.  You will need to continue to obtain a new disability slip from the doctor as long as they believe you are not able to work.  If the insurance company does not have an updated disability slip, they will not pay you until they receive one.
2. Proof of what you were making from your employer.  Usually we will send a letter to your employer asking them to provide us with a statement of your wages over the past 13 weeks.  PIP will use that form to come up with an Average Weekly Wage which they will use to pay you.  If your employer does not provide us the information, we often use your pay stubs, W-2 tax forms or other items to prove the wages you were making.

Prescriptions 

• PIP will reimburse you at 80% for any prescriptions that you pay for out of your pocket.  In order for them to reimburse you we have to provide 2 things:
  1. Receipt from the prescription showing what prescription was filled. Normally this is stapled to the bag at the pharmacy.
  2. Cash register receipt from the pharmacy showing that you paid and how much you paid.

Mileage & Tolls

• PIP will pay you for mileage and tolls that you paid on the way to and the way back from your doctors appointments.  We provide our clients with a Mileage Voucher that can be used to document the mileage for these trips to the doctor so you can be reimbursed.PIP will pay mileage for doctors visits, hospital visits,  MRI or x-ray appointments, therapy appointments, or any other medical appointments. They will usually not pay for trips to the pharmacy to pick up medicine, or any other similar trips.

Household or Replacement Services

• If you are unable to do any activity around the house like housecleaning, mowing the lawn, etc., due to your injury,  PIP will reimburse you for paying someone else to do this for you.  In order for them to pay we have to provide them 2 things:
  1. Receipt from person doing the services with amount you paid.
  2. Note from your doctor saying you need help with the service due to the injury you received in the auto accident. ( this is especially required if you are unable to do an activity for a long period of time, though it helps to have one for any household or replacement service that you are trying to get reimbursed for.)

Once we send the request for reimbursement to the insurance company, a check should be sent to you directly.  They officially have 30 days to pay all bills once they have been provided with reasonable proof that the bills are owed.

These benefits will continue to be paid as long as you still have PIP coverage and we continue to provide proof of the claim.  Once PIP has paid the limits of your coverage ( usually $10,000.00) they will no longer pay for these items.

Products Liability Cases

Products liability cases generally require one or more expert witnesses to inspect the wrecked or damaged product, review the design specifications, and provide engineering or manufacturing quality control opinions to determine whether a product was defective and unreasonably dangerous.  We have handled such cases in the past, and we have the ability to locate and hire the experts that are needed to prove a particular case.

If you or a friend or family member have been injured as the result of a product defect, we would be happy to discuss the facts of your case with you.  Please call our office for a free consultation.

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. 

Should We Repeal Florida’s No-Fault (PIP) Law

In recent days, some Florida lawmakers have made long overdue comments about repealing Florida’s No-Fault, or personal injury protection (PIP) law. You may recall that everyone who owns a car in Florida is required to have PIP (assuming the car runs).  The purpose of PIP is to provide a minimal level of insurance benefits to people that are involved in a car accident.  PIP was designed to pay 80% of medical bills and 60% of lost wages to people that were injured in a car accident. This is true even if you were at fault for the car accident. The policy limit on a standard PIP insurance policy is $10,000.00.

There are several problems with this law.  First, if you have health insurance, Medicaid or Medicare, there is no need to have PIP to pay medical bills. The reason?  Your health insurance, Medicaid or Medicare would pay the same bills that PIP would pay.  Therefore, PIP duplicates the medical insurance that you already have. There is simply no need for PIP.

Second, many people cannot make a claim for lost wages under PIP, and so the lost wage benefits under a PIP policy are often illusory. That is, in order to make a claim for lost wages, a person has to have a job and show proof of income.  Retired people do not work. Therefore, retired people cannot make a claim for lost wages.  The same problem exists for people who stay at home to raise children, and for people who cannot show pay stubs or proof of income.  It is also true for business owners that cannot show a decrease in their income due to an accident. These people cannot make a claim for lost wages, and yet they pay PIP insurance premiums as if they could make such a claim. This is really not fair to such people.

The United States is in the process of implementing the Affordable Care Act (ACA), sometimes called Obamacare.  The ACA requires people to have some form of health insurance.  The current thought among some Florida lawmakers is that if people already have health insurance, there is really no need for these same people to also pay for PIP to pay medical bills. PIP is mostly a duplicate insurance coverage that costs people money that they do not need to spend on insurance.

We believe this is sound reasoning.  There is no legitimate reason for people to pay for health insurance and to also pay for PIP.  We think it is time for Florida to repeal the PIP law.

http://www.starkerlaw.com

SLIP AND FALL ACCIDENTS

Many people innocently slip and fall on spilled water, soda or other substances that should not be on the floor of a supermarket or restaurant. Many people trip and fall on ramps or curbs that are not easily noticeable, or that are in poor condition.  On occasion, people are innocently shopping when large objects that are stored overhead tip over and fall onto the shopper. If you have been injured on someone else’s property due to one of these things, please contact our office for a free consultation.

NURSING HOME ABUSE

Many families rely on nursing homes to care for their elderly parents and relatives.  Most of the nursing homes provide appropriate care that enables elderly people to live their daily lives with dignity.  However, some nursing homes are either poorly staffed or fail to properly care for elderly people who really cannot care for themselves.  If you have a friend or family member that you feel has been improperly treated or abused at a nursing home, please contact our office for a free consultation.

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.

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.

http://www.starkerlaw.com