Showing posts with label settlement. Show all posts
Showing posts with label settlement. Show all posts

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.

$5.75 Million Settlement Awarded To Deaf & Blind Students

VIDEO: Hawaiireporter.com - $5.75 Million Settlement Awarded to Deaf and Blind Students Sexually Assaulted by Gang at Hawaii Public School.



HONOLULU - A young girl is forced to perform oral sex on an older boy while he films her with his cell phone camera and students at their school look on, another young girl becomes pregnant after she is raped by a male student at her school, a young boy is sodomized in the bathroom by an older student, but school administrators don’t penalized the perpetrator, another child is sexually assaulted by five boys on campus, and nothing is done to stop them or punish them after the fact.



These are not scenarios from an NBC’s Law and Order: Special Victims Unit episode, they are actual events that parents say took place at the Hawaii School for the Deaf and Blind, the state’s only public school for children with these disabilities.





Video by KHONNewsHawaii



For more than a decade, some of the school’s administrators and students covered up a terrible secret young children between 12 and 16 years old were being terrorized - robbed, raped, sodomized and even gang raped on campus and on the school buses – not by employees, but by other children. There are just 80 children enrolled in the school, which is located on the edge of Waikiki, Hawaii’s main tourism hub, and just across the street from the Honolulu Zoo.



One student heading a gang calling themselves the “Ringleaders” orchestrated the attacks, and students were ordered to participate as attackers or retaliated against.



Michael Green is one of five attorneys who successfully secured a $5,750,000 settlement last week from the state and a school counselor. ... READ MORE: http://www.hawaiireporter.com/5-75-million-settlement-awarded-to-deaf-and-blind-students-sexually-assaulted-by-gang-at-hawaii-public-school/123



Related Articles:

Settlement Reached In Lawsuit Involving Deaf & Blind Students

Arrests Made In Alleged Sex Assaults At Hawaii's School For The Deaf and Blind

Settlement Reached In Lawsuit Involving Deaf & Blind Students

Video: KHON2 - Settlement reached in lawsuit involving Deaf and Blind students.



HONOLULU - A multi-million dollar settlement has been reached in a sex assault lawsuit involving Hawaii Center for the Deaf and Blind. It's been a year and a half since the State was sued by a group of students at the school. The students alleged they had been sexually abused by other students.



Friday, the attorney representing the group announced that a multi-million dollar settlement has been reached. A spotlight was cast on the Hawaii Center for the Deaf and Blind in the Kapahulu area in 2011, after police started investigating allegations of widespread sex abuse between classmates.



In August 2011, Honolulu attorney Michael Green filed a lawsuit against the state, on behalf of 50 to 60 students.





Video by KHONNewsHawaii



"What we found out was, and I never thought about this, that we had children who were the aggressors, we're talking about sodomizing boys, boys on boys, boys on girls, girls on girls, in the bathroom, on school buses, in the bushes, that because no one seemed to care it seemed like it was okay. So people who were victims became aggressors. And you know that part that maybe affected me the most aside from the fact it's happening to young people, and people that have disabilities is that if you cry out who can hear you? If you have blind students who can see it?" said Green.



The State has now agreed to pay $5M to settle the lawsuit - money that'll go to the victims, and to pay for counseling and treatment... Read more: http://www.khon2.com/news/local/story/Settlement-reached-in-lawsuit-involving-deaf-and/qEdZ6YT6_EuWYDo6tVhRPg.cspx

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

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

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.

                                                                          • • • •

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. 

Study: Mobile Devices Create Biggest Driver Distractions


 
A recently released study by the Governors Highway Safety Association (GHSA) revealed that cell phones and other mobile devices cause nearly 25 percent of U.S. car crashes each year. The GHSA, a nonprofit group that focuses on improved traffic safety, evaluated more than 350 scientific papers on distracted driving that have been published since 2000.

The study found that drivers are distracted nearly 50 percent of the time while operating a vehicle and that the use of a cell phone or other mobile device while driving caused a significant increase in the risk of crashing.

In 2009, there were almost 5,500 deaths and 500,000 injuries that resulted from distracted driving crashes, according to data from the National Highway Traffic Safety Administration (NHTSA). 
The GHSA suggested state safety measures, such as a complete ban on cell phone use for novice drivers and a texting ban for all drivers.


For more information on auto accident cases, contact Caruso Law Offices, P.C. at 505-883-5000 or see our website at www.carusolaw.com

Albuquerque, New Mexico Insurance Companies Unfair Evaluation of Claims

Ever since the financial collapse of 2008, insurance companies have become stingier and stingier on the amount of settlement that are being offered on personal injury claims. Insurance adjusters claim that they "just don't have as much money as they used to" as the reason for this failure to pay the full value of claims.

The question I want to discuss today is, What is the fair evaluation of a personal injury claim with soft tissue injuries. Let's say that you are involved in an accident with significant property damage to your vehicle. You don't have a prior history of back or neck problems. You are taken by ambulance to the emergency room, examined, given x-rays and prescription drugs, told that you have a neck/back strain injury and sent home. A few days later you go to a chiropracter and treat for a few months. You don't miss any work. You feel great when released by the doctor. Let's also assume that your medical bills are at about $8,000.00

Given these limited facts, I would value the case at about $24,000 but most insurance companies would offer you $12,000--less than half the amount of my value. Am I wrong in my valuation, or is the insurance company wrong?

I believe the only way to determine the true value of the case is to base the value on prior experience. I routinely take cases to trial and arbitration. I can say definitively that this case would result in an award of about $24,000 I have done this time after time with the same result. CASES ARE STILL WORTH THREE TIMES THE MEDICAL BILLS if you have clear liability, significant property damage, good medical care of soft tissue injuries (whiplash, etc).

As lawyers, we cannot accept amounts less than the real value of the case, and we must be willing to litigate cases to get our clients the amount that our clients deserve--the true value of the case.

I am continuing to accept new clients, and as a former insurance company attorney with 28 years of experience, I believe that I can get my clients the maximum amount of money from the insurance company.

Call me at 505-883-5000 or toll free at 800-657-9292 or contact me at mark@carusolaw.com

I look forward to hearing from you.

Mark Caruso
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