Wrongful Death Claims in Albuquerque, New Mexico

What is Wrongful Death?

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

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

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

Purposes of Wrongful Death Claims

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

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

Who is Entitled to a Wrongful Death Claim?

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

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

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

Caruso Law Offices has had 30 years experience handling wrongful death claims.

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

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

 

 

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.

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. 

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. 

Albuquerque Insurance Claims Adjusters Get Tougher on Claim Evaluations--New Mexico

Insurance Claims Adjusters who routinely handle personal injury claims from car accidents are getting tougher in paying claims.  The result may be the opposite of what the claims adjusters intended.  More and more personal injury claimants are hiring attorneys to represent them.  The claim costs the insurance company more money the moment a claimant gets an attorney.  Getting tougher on personal injury claim evaluations will cost the insurance company more money in the long run.

"A greater percentage of claimants are getting attorneys to represent them in their personal injury claims, and this is costing insurance companies more money in the long run," says Albuquerque attorney Mark J. Caruso.  Caruso is among a growing number of attorneys who only handle personal injury claims.  As a former insurance company attorney, Caruso knows both sides of the claim. "I used to represent insurance companies, but now I only represent claimants against insurance companies."

Clients who have successfully used Caruso as their attorney note that it was advantageous to have an attorney who knew the strategies of the insurance adjusters and their attorneys.  Attorneys who have battled Caruso in cases note that he knows the ins and outs of the personal injury claim, and he is extremely knowledgeable and prepared for battle. He is licensed in both California and New Mexico and has been practicing law for 28 years.

Caruso has two offices in Albuquerque, but travels statewide representing claimants.  His Albuquerque offices are located in the Northeast Heights near Montgomery and Carlisle and in the Northwest near I-40 and Coors.  He can be contacted at 505-883-5000 or toll free at 800-657-9292.  The website is http://www.carusolaw.com/

Albuquerque Personal Injury Attorney Mark Caruso in the News

Are Texas Judgments Bigger?

Albuquerque Accident Attorney

By David Roybal
For the Journal
Was it by happenstance or design that Texas was the setting for the first jury trial against the makers of painkiller Vioxx, a trial that ended earlier this month with a $253 million judgment against pharmaceutical giant Merck?
We're told the award likely will be reduced, but even then it would stand at tens of millions of dollars should the case survive on appeal.
It raises a second question: Might the huge award affect an entirely different set of drug liability cases nearing trial or under settlement negotiation in New Mexico and elsewhere?
The Vioxx award was to the widow of a 59-year-old Angleton man who had taken Vioxx for eight months and died after a heart attack.
For a while now, Texas has been among states widely considered to be generous toward plaintiffs in civil suits.
"Bunk!" replied researcher Stephen Daniels while working for the American Bar Foundation. Daniels' work was reported on by the magazine Texas Lawyer.
"Everything is thought to be bigger in Texas," the magazine reported, and people across the country have come to relate Texas with "mega verdicts." The article acknowledged that jurors in some counties, like Jefferson and Matagorda, have been quite generous. But mostly Texas jurors have been stingy, it asserted.
Daniels concluded that "swashbuckling" lawyers and others had convinced Texas lawmakers that jurors there are out of control.
Maybe so. Still, big product liability cases have a way of showing up early in Texas courts. In 2003, A Brownsville jury awarded an $18 million judgment after finding that the Ford F-150 Super Cab had a defective roof structure. A Laredo jury in 2004 awarded $9.4 million after saying Sears, Roebuck & Co. was guilty of malice in a tire service case. Earlier this year, a Zavala County jury found the 2000 Ford Explorer to be defective and awarded $31 million.
Mississippi jurors have a similar reputation for generosity.
Substantial jury awards can spur companies to settle other related suits without trial, whereas lawsuits that are rejected outright or lead to only small jury awards tend to get remaining plaintiffs to think twice about the rigors of court.
Diet drugs Fen-Phen and Redux were much in the news only a few years ago after a study by the Mayo Clinic linked the drugs to potentially fatal heart-valve damage. The drugs were recalled and thousands of lawsuits were filed across the country.
In 1998, one of the first cases went to trial in Texas, where a jury awarded the plaintiff $23.4 million.
Mississippi got another one of the early cases. That one ended in 1999 with $150 million awarded to five women.
Seeing substantial judgments going against it early, the drug manufacturer now known as Wyeth Pharmaceuticals offered $3.75 billion to settle a nationwide class action lawsuit. Many took the offer; many did not and continued pressing for their day in court.
New Mexico was to be another early battleground against the diet drug maker. But settlements and a 2003 defeat in a Santa Fe district court sent high-profile publicity elsewhere.
Lawyer Mark Caruso was among those representing Albuquerque resident Josie Garcia in that case. "We confused the jury because we sued for every cause of action under the sun," said Caruso, who remains one of the busiest New Mexico lawyers in the diet drug cases. "All we have to do under New Mexico law is compare the risks of the drug to the benefit of the drug."
Garcia is appealing her case and is among plaintiffs nationwide involved in an ongoing settlement negotiation.
Caruso since has had two diet drug cases settled in Rio Arriba County for amounts that remain sealed. The cases were settled after having already gone to trial. Caruso has three multi-plaintiff lawsuits scheduled in Santa Fe during coming months, the first to begin in November. He has two more in Tierra Amarilla and one in Grants.
Vioxx cases will keep New Mexico lawyers busy, too. Caruso said he has 15 Vioxx cases that he considers to be strong from among about 250 inquiries received by his office since concerns about the drug first became known.
"It's good to see a big win come off the block," he said of the Texas case. But he said he's not aware of any grand design by lawyers to try to use Texas for boosting chances of other cases involving Vioxx.
"The first big breast implant case in the country was based in Texas. The first Vioxx case was in Texas. ... But I think in Texas, it just depends which county you file in."
Will the Texas Vioxx award affect how lawyers approach unrelated diet drug cases?
No, says Doug Petkus, a Wyeth Pharmaceuticals spokesman. "We want to resolve cases but we will try cases when we think it's appropriate," he said.
Caruso said he had urged clients even before the Vioxx judgment not to move toward settlements hastily.

David Roybal is a longtime journalist who now owns a public relations business. His column appears Sundays in the Journal Santa Fe and Journal North and Tuesdays in the Albuquerque Journal.

There's More to the Story on Kayenta

By D'Val Westphal
Of the Journal
CATCHING UP ON KAYENTA: The recent column that had the city saying there were few wrecks at Irving and Kayenta has a few readers begging to differ.
Laura Downey e-mails that her “home backs into Kayenta, and there is a serious problem regarding speeding on this road. I have been in touch with the West Side command center, and at times there has been more police presence, however we still have a bad problem. In the article ... it was mentioned that there had only been two reported accidents. What was not mentioned was that one of those accidents was fatal and was caused because of excessive speed, which resulted in losing control of the vehicle. Shortly before the accident happened, I called the police to report this vehicle that was traveling at a high rate of speed, he had been going back and forth, using this road like a race track for over an hour, had there been a quicker response it is possible that this accident could have been avoided.
“Every day and night I hear motorcycles — what we call pocket rockets — using excessive speed 60-plus miles per hour. Many cars speed as well. It is very dangerous, there are blind curves on this road, and it is just a matter of time before we have another bad accident. I don't know what the answer is; I think that speed bumps would help and a lower speed limit.”
And Bill Kelly e-mails that “the count of accidents at a given location does not necessarily include all incidents. I learned 18 months ago that accident reports can disappear into the ether.
“My vehicle, which was parked in a parking lot, was struck by a car that came off the roadway. All the sheriff's deputies in area were there for hours. The first responding officer gave me an accident report number so that I could deal with my insurance, and the driver's, if he had any.
“To make a long story short, after much checking by both myself and my insurance adjuster, no such report was ever filed. I did finally find the officer that had given me the number, and he referred me to the clerk he thought might help me. She was able to find his initial report — in a very deep pile on a desk — but no entry into the computer was ever made. My point is, if they don't follow their own process, they don't have the information to refer back to.”
And Andrew Hewes of Rio Rancho took the time to ask his State Farm insurance agent about the cost of repairing walls after a car plows into them.
“They say uninsured motorist coverage on my vehicle would pay for house and yard structures damaged by a vehicle. I had previously assumed uninsured motorist only covered vehicles. The nice thing about uninsured motorist coverage is (a) there is no deductible and (b) it doesn't 'count against you' if people keep driving into your yard. In general, landscaping is not covered.”
CHECKING IN ON THE RIO GRANDE STOPS: The three new stop signs on Rio Grande continue to draw mixed reviews.
Diane Albert says via e-mail that “my fiance and I live on Ranchitos just east of Rio Grande. We are happy that the stop signs were installed on Rio Grande at El Pueblo and Ranchitos. We are hoping that commuters refrain from using residential streets and use Alameda, Paseo del Norte and Second Street for their daily commute. ...We enjoy the rural atmosphere in the village and do not appreciate the speeders roaring down Ranchitos at 40 to 50 mph.”
But Joe Barela of Rio Rancho isn't as pleased.
He says “I have lived here all my life and have always enjoyed Rio Grande Boulevard. I drove through this on Sunday. It really sucks with the stop signs. You can no longer take a nice, leisurely drive down Rio Grande. That was part of the appeal. They already have the speed to 1 inch/second on Rio Grande. I think the mayor is wrong in his opinion about the road being used for commuter traffic. I guess all of us from the West bank that wanted to go down to the Flying Circus, Old Town and Central and Pro Markets to spend money just won't go there anymore.” At least not via Rio Grande.
Assistant editorial page editor D'Val Westphal tackles commuter issues for the Metro area on Mondays and West Siders and Rio Ranchoans on Thursdays. Reach her at 823-3858 (phone), 823-3994 (fax), road@abqjournal.com (e-mail) or P.O. Drawer J, Albuquerque, NM 87103. Check out previous columns at abqjournal.com/traffic.

New Mexico Legislature Kills Death Penalty in State

Associated Press
The legislation, HB285, passed on a vote of 40-28, and headed to the Senate.
Twice before, in 2005 and 2007, the House approved a death penalty repeal only to have it fail in the Senate.
This year, repeal supporters are banking on a different outcome because there are new members in that chamber.
"If everyone who told us they would vote with us stays, we will pass the Senate," predicted Viki Elkey, executive director of the New Mexico Coalition to Repeal the Death Penalty.
A final hurdle would be Democratic Gov. Bill Richardson, who has been a supporter of capital punishment in the past.
Asked about it this week, he said only, "I'll take a look at it."
There are two men on death row, Robert Fry of Farmington and Timothy Allen of Bloomfield, whose executions would not be prevented by the passage of the bill.
New Mexico has executed one prisoner since 1960, child killer Terry Clark in 2001. The state uses lethal injection.
Rep. Gail Chasey, D-Albuquerque, who has sponsored similar legislation for the past decade, called repeal a "thoughtful and practical step."
"We no longer need the death penalty. Its costs far outweigh its benefits," she said.
Chasey contended capital punishment is expensive, doesn't deter violent crime and is imposed in a discriminatory manner.
And the state has come close to executing innocent people, she said. She cited a case from the 1970s in which four California bikers were on death row for the murder of a University of New Mexico student until the real killer came forward.
Supporters of repeal say the resources the state puts into capital punishment could better be spent helping murder victims' families.
State law limits the death penalty to certain murder cases, including those involving kidnapping, rape, the murder of police officers, prison guards or inmates, and murder for hire and murder of a witness.
Opponents of the bill said such victims' families deserve to keep the option of urging prosecutors to seek the death penalty.
"I don't want to take that away from the victims' families," said Rep. William Rehm, R-Albuquerque.
And opponents argued that murderers in prison for life — with nothing else left to lose — would be a danger to prison guards and to other inmates, and could escape and kill again.
Rendering such killers harmless is "a false hope," said Rep. Dennis Kintigh, a Roswell Republican.

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Ex-Judge's Law License Suspended

Journal Staff Writer A former judge accused of sexually harassing a woman appearing before him during a mediation has been suspended from practicing law for up to three years. The New Mexico Supreme Court on Wednesday ordered the suspension of Chris Berkheimer based on the same circumstances that led him to resign his post as a Workers Compensation Administration judge in June 2007. As cameras continued rolling after a mediation with a female claimant, Berkheimer made sexual advances on the woman. The mediation took place via videoconference in a closed conference room at the Workers Comp Administration field office in Roswell in April 2007. "After the close of the mediation with the door shut, (Berkheimer) made aggressive, inappropriate proposals of a sexual nature to (the woman), touched her inappropriately and requested that she accompany him to a bar and/or a hotel. He went with her outside the hearing room and continued to make inappropriate proposals," according to a document summarizing facts from the hearing committee. The woman's attorney, who was in Albuquerque, saw and heard the activity in the hearing room with the camera still on, according to the hearing committee's report. Berkheimer's behavior "does not meet any standard of 'decorum' in a legal proceeding," the committee report said. "(He) has expressed no remorse or responsibility for the offending behavior nor admitted any part of it." The mediation stemmed from a work-related auto accident. In Berkheimer's version of events, the woman invited him to feel the screws and hardware in her wrist. He said he accidentally hit her knee when he reached for his briefcase. "(He) did not conduct himself inappropriately at anytime whether physically or verbally," according to a document filed by Berkheimer. The state Supreme Court heard the case against Berkheimer brought by the New Mexico Disciplinary Board, which had sought his disbarment. A hearing committee chaired by former American Bar Association President Roberta Cooper Ramo had recommended Berkheimer be suspended at least two years. Joel Widman, an attorney for the disciplinary board, said the court also ordered that Berkheimer take annual sexual harassment training courses once he resumes practice. Berkheimer took inactive status with the New Mexico Bar a year ago until the disciplinary proceedings were concluded.

When Insurance Companies Aren't Fair

Now more than ever we are seeing clients come to us who have tried to settle cases on their own and been disillusioned by insulting offers and sometimes the appearance of outright trickery from the insurance company liable for their auto accident injury claim. Click here for an example of large scale deceit by major insurance companies that was recently in the news.

Fortunately Attorney Mark Caruso has over twenty years experience dealing with insurance companies in auto accident cases and is highly qualified to protect the rights of the injured. In fact Mark once worked within the insurance industry and has valuable insight on the way such companies deal with individuals seeking to pursue their claims without anyone to protect them. Mark Caruso offers a free, no obligation consultation to anyone who has been injured in an accident that was not their fault. Call today at 505-883-5000 (New Mexico and California residents only) to make an appointment to meet with Mark Caruso.

Judge Certifies Class Action Lawsuit Against Dell

A class-action lawsuit against Dell Canada Inc. has been certified by the Ontario Superior Court of Justice.
The suit was filed on behalf of Canadians who own Dell Inspiron notebook models 1100, 1150, 5100, 5150 or 5160. The class action seeks compensation from Dell arising from alleged soldering problems in the notebooks.
Lawyer Joel Rochon of the Toronto firm Rochon Genova says the class action covers some 120,000 Canadian consumers.
Rochon says his firm is overwhelmed by the number of people that have come forward.
The court denied Dell's motion to dismiss the class action and require customers with affected notebooks to deal directly with Dell.
None of the allegations raised in the suit have been proven in court.
For more information, contact Caruso Law Office at 505-883-5000.

Justice Ginsburg Treated for Pancreatic Cancer

Justice Ruth Bader Ginsburg, the only woman on the Supreme Court and a survivor of colorectal cancer a decade ago, underwent surgery for pancreatic cancer Thursday.
The news, revealed by court officials in a brief statement, raises questions about the health and future court service of the 75-year-old justice. Pancreatic cancer is one of the most lethal of all cancers, and its treatment can be particularly grueling and difficult.
Ginsburg learned of the lesion during a routine annual checkup in late January, the court statement said. A scan revealed the 1-centimeter tumor in the center of the pancreas. Surgery at the Memorial Sloan-Kettering Cancer Center in New York City was performed by Murray Brennan, a leading specialist in pancreatic cancer.
The court said Ginsburg was expected to be hospitalized for seven to 10 days. It had no comment on her follow-up treatment or how long she might be away from work. The justices are scheduled to begin a new round of oral arguments Feb. 23.
John Allendorf, an attending surgeon in the pancreas center at New York-Presbyterian Hospital/Columbia, said the relatively small size of Ginsburg's tumor suggests it was caught very early. Patients who have their tumors removed have the only chance of a cure, he said.
The court statement said Ginsburg had no symptoms before the discovery of the lesion. Pancreatic tumors grow rapidly and usually have spread throughout the body by the time their symptoms are detected, making them impossible to remove surgically, says Allendorf, who is not involved in her treatment.
Even with surgery and aggressive chemotherapy, however, pancreatic cancer usually returns. The median survival for Stage 1 disease -- as Ginsburg apparently has -- is two years, Allendorf says, and 30% of patients with Stage 1 cancer survive five years after diagnosis.
News accounts already had focused on possible retirements at the Supreme Court. Five of the nine justices are 70 or older. Ginsburg, who will be 76 on March 15, had said publicly before Thursday's announcement that she did not expect to retire anytime soon.
There was no suggestion Thursday that she would not finish the term, which typically runs until the end of June. The court is closely divided, and if she is not able to vote on cases, could deadlock 4-4 on some disputes.
White House press secretary Robert Gibbs said President Obama had not talked with Ginsburg but wished her a speedy recovery.
Ginsburg, who first gained national attention as a women's rights advocate arguing sex discrimination cases before the court, was appointed by President Clinton in 1993.
She has continued to be a robust voice for women's rights. Since the 2006 retirement of Justice Sandra Day O'Connor, Ginsburg has lamented being the only woman on the nation's highest bench.
Several sitting justices have undergone treatment for cancer over the years. Then-chief justice William Rehnquist revealed he had thyroid cancer in October 2004. Throughout chemotherapy and other treatment, he worked until the end of the 2004-05 term. He died on Sept. 3, 2005.
About 37,680 Americans were diagnosed with pancreatic cancer in 2008 and 34,290 died from it, according to the American Cancer Society.
For more information, contact Caruso Law Office at 505-883-5000.

FEMA Recalls Storm Meal Kit Peanut Butter

A U.S. agency says some emergency meal kits given to Kentucky and Arkansas storm victims may contain recalled peanut butter contaminated with salmonella.
The Federal Emergency Management Agency said kits manufactured by Red Cloud Food Services Inc. of South Elgin, Ill., under the Standing Rock label, "may contain peanut butter which is part of the precautionary national recall under way in accordance with the U.S. Food and Drug Administration."
The distributed meal kits, which include several main courses, include clear, 1-ounce packets of peanut butter, the agency said.
"People who have received commercial meal kits are asked to inspect the kits in their possession and immediately dispose of any peanut butter packets," FEMA said.
The meals were sent as part of U.S. President Barack Obama's federal disaster relief for Kentucky and Arkansas following a devastating ice storm last week.
A Red Cloud memo posted on the FEMA Web site says the prepared-foods manufacturer recalled the meals with the suspect peanut butter Jan. 19.
When asked why the agency appeared to have distributed the peanut butter two weeks after the recall, a FEMA spokeswoman said the recalled peanut butter was not included in the earlier alert, which she dated as Jan. 20.
When the alert was expanded Wednesday "to include a company that was previously cleared, we took immediate steps to cease distribution to any states or our distribution centers where there may be additional products," Ashley Small said in an e-mail.
The Red Cloud memo said that even though "not all meal kits" contained peanut butter, it was recalling all kits produced Sept. 22-25.
More than 1,000 items have been recalled in the salmonella outbreak that has sickened at least 550 people, eight of whom have died. A Peanut Corporation of America plant in Blakely, Ga., is being blamed for the contamination.
For more information, contact Caruso Law Office at 505-883-5000.

Tainted Meat Settlement Set at $27 Million

Canada's Maple Leaf Foods has agreed to a $27 million settlement for about 5,000 people affected earlier this year by listeriosis-contaminated deli meats.
Company President Michael McCain said the Toronto company and class-action lawyers had worked together to settle the claims that began in August with Canada's largest recall.
The federal Canadian Food Inspection Agency says 20 people died of listeria poisoning, although a Saskatchewan class-action lawyer claims that there are actually 29 families that lost someone to poisoning.
Under the settlement Maple Leaf's liability insurer will pay - $120,000 will go to the estates of people who died plus funeral expenses, $35,000 to their spouses, $30,000 for each of their children and $20,000 for their parents.
Related illnesses lasting a day or two will be eligible for a $750 payout, and people who were sick two weeks to a month will receive $8,000 plus any loss of income and $750 a day for hospitalization.
The settlement still requires court approval in Ontario, Quebec and Saskatchewan.

Mark J. Caruso
Caruso Law Offices, PC
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

Mattel Settles Over Lead in Toys

Toy maker Mattel Inc. will pay $12 million to more than three dozen states to settle an investigation over Chinese-made lead-tainted toys shipped to the U.S. in 2007, state officials said Monday.
Washington state will receive $241,558 from the settlement, which lets the state use the money for consumer education, litigation or as a reimbursement of expenses.
Mattel and its Fisher Price unit recalled more than 21 million Chinese-made toys last year, beginning in August, fearing that the items were tainted with lead paint. Some had tiny magnets that children could accidentally swallow.
All the affected toys were pulled off shelves by December 2007.
As part of the agreement, Mattel also agreed to lower the acceptable level of lead in toys shipped to the States to 90 parts per million, down from 600 parts per million, which is currently the federal standard.
When new regulations go into place next year, however, the federal standard will also fall to 90 parts per million.
"We are pleased this agreement with Mattel and Fisher Price will result in much safer standards," Massachusetts Attorney General Martha Coakley said during a news conference Monday.
Massachusetts will receive $625,000 as part of the settlement. The state plans to use $500,000 of the money for a grant program funding organizations that foster awareness of the dangers of lead paint and $125,000 will cover legal costs, Coakley said.
"Mattel has demonstrated its commitment to children's safety by pledging to meet standards even more stringent than those currently required," El Segundo, Calif.-based Mattel said in a statement. "Mattel also has taken steps that go beyond current requirements to give parents greater confidence that the Mattel toys that they buy this holiday season will be the safest ever."
States taking part in the settlement are: Alabama, Alaska, Arkansas, Arizona, Colorado, Connecticut, Delaware, Florida, Hawaii, Idaho, Iowa, Kansas, Kentucky, Maryland, Michigan, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Dakota, Tennessee, Texas, Vermont, Washington, West Virginia and Wyoming.
California also took part in negotiations, but reached a separate agreement under its Safe Drinking Water and Toxic Enforcement Act. As part of that agreement, California said Thursday that nine toy companies, including Mattel, would pay the state $1.8 million over lead-tainted toys.
Needham & Co. analyst Sean McGowan said the settlement had been anticipated, and $12 million is probably less than the legal costs the company would have incurred if the company hadn't reached a settlement with the states.
"Anything that would put to rest this question (of toy safety) is a net positive, as long as it's not terribly crippling, and $12 million is pretty good to put to rest state-level actions," he said. However, he noted that class-action suits from consumers still are pending.

Mark J. Caruso
Caruso Law Offices, PC
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

High Court Splits 5-4 on 'Light Cigarettes'

A Supreme Court decision Monday allowing smokers to sue tobacco companies for fraud in marketing "light" cigarettes is the latest development against cigarettes touted as low in tar and nicotine.
In a win for consumers over business interests, the justices decided 5-4 that federal regulation of cigarette labels does not shield manufacturers from state claims of deceptive advertising. The decision lets a lawsuit by Maine smokers of Marlboro Lights and Cambridge Lights proceed against Altria Group, the parent company of Philip Morris.
An estimated 43 million adults in the U.S. smoke, according to the Centers for Disease Control and Prevention. Numerous similar fraud lawsuits are pending.
"We will now have an opportunity to prove at trial that the tobacco companies have been deceptive," said the Washington lawyer who represented the Maine smokers. "Our people thought they were buying a safe cigarette, but they weren't."
Murray Garnick of Philip Morris said the company "will assert many strong defenses used successfully in the past to defend against this very type of case."
Monday's ruling comes three weeks after the Federal Trade Commission rescinded guidelines about tar and nicotine levels that let the tobacco industry pitch cigarettes as "light" and possibly less dangerous to health. The Justice Department, siding with the smokers, cited studies in its brief showing smokers of "lights" compensated by taking deeper puffs, holding smoke in their lungs longer.
The case, closely followed by health advocates and manufacturers, tested the relationship between federal and state law. Usually, when federal and state laws regulate the same conduct, federal law trumps state actions.
After Maine smokers sued, claiming Altria knew its cigarettes were not delivering less nicotine, Altria said the suit was barred by the Federal Cigarette Labeling and Advertising Act. That law bans states from any "requirement or prohibition based on smoking and health" in cigarette ads. Lower courts disagreed on whether the law eclipsed the state grounds in "light" cigarette cases.
Justice John Paul Stevens emphasized for the majority Monday that federal law blocks only state rules related to smoking and health. The Maine law, he wrote, "is a general rule that creates a duty not to deceive." He noted the government does not endorse use of "light" and "low tar" descriptions.
He was joined by the more liberal justices (David Souter, Ruth Bader Ginsburg and Stephen Breyer) and swing voter Anthony Kennedy.
For the dissenters, Justice Clarence Thomas said the majority misinterpreted past court rulings on competing federal and state rules. He was joined by Chief Justice John Roberts and Justices Antonin Scalia and Samuel Alito.

Mark J. Caruso, attorney
Licensed in New Mexico and California
http://www.carusolaw.com/
505-883-5000
800-657-9292

What You Need To Do BEFORE You're in an Accident

In this strained economy more and more people are dropping their auto insurance. Currently as many as one out of three drivers in New Mexico are without insurance. Before you are in an accident you need to review your own policy to make sure your uninsured motorist coverage is adequate--we recommend at least 100,000/300,000 in UM/UIM coverage. You should also choose to get the "med pay" option if your company offers it. With med pay you have a pot of money (at an amount you choose) that will immediately pay your medical bills regardless of who's at fault in the accident. Without med pay your medical bills may not be paid until all treatment has ended and your case receives a lump sum settlement. By then, your medical providers might have you in collections, and your credit rating could be harmed. Last, you need to determine whether you are "upsidedown" in your car: in other words, do you owe more than your car would bring if you traded it in? If so, "gap insurance" is highly recommended. Otherwise you could end up with no car and thousands of dollars in debt.

Caruso Law Offices helps folks who have been injured in accidents where the other driver was in the wrong yet had no insurance. We can help you obtain proper compensation from your uninsured motorist coverage and offer a free consultation with no obligation to review whether an offer from your insurance company is fair.

Please call us today at 505-883-5000 to schedule your free consultation on your auto accident with injuries.

Kelly Vickers
Administrative Assistant to
& under the guidance of
Attorney Mark Caruso

I SUE DRUNK DRIVERS......

If you are involved in an accident with a drunk driver, please call Caruso Law Offices, PC for a free consultation. Don't let the drunk's insurance company take advantage of you. Mark Caruso, attorney, is a former insurance company attorney and he will make sure that you get everything you are entitled to get. That includes property damage to your vehicle, loss of use of your vehicle or rental car, medical bills, pain and suffering, lost earnings and wages, permanent injury and impairment and PUNITIVE DAMAGES. Call us today at 505-883-5000 or at 800-657-9292 or see our detailed web page at www.carusolaw.com Thank you, and drive safely this New Year.

Receive Punitive Damages in Drunk Driver Accidents

New Mexico law states that you can get punitive damages when you are involved in an auto accident with a drunk driver which causes you injuries. The punitive damages are to punish the drunk driver for violating New Mexico law. Typically the amount of punitive damages for a drunk driver accident depends on such facts as the blood alcohol content and the number of previous convictions for drunk driving. Typically, the drunk driver's insurance company will refuse to pay punitive damages. However, most will pay extra money to settle the case and keep it from going to trial. If the drunk driver's insurance refuses to pay an extra money, you may have a right to claim punitive damages from your own insurance company. While this may sound strange at first, your own insurance company will pay for claims that are uninsured with the drunk driver's insurance. Payment of uninsured motorist coverage from your own insurance company may depend on the amount of money you are offered from the drunk driver's insurance and the amount of uninsured motorist coverage you have.

As we approach New Year's Eve, please drive safely. Never Drink and Drive no matter how much alcohol you have consumed.

If you have questions about injuries from a drunk driver please call us immediately at 505-883-5000 or 800-657-9292 or e-mail us at mark@carusolaw.com or see our detailed web site at www.carusolaw.com

Thanks for visiting us. Mark Caruso