Neck Pain and Back Pain After NM Car or Truck Accident? Answers by Former Insurance Company Attorney.

By Mark Caruso, Attorney
 

I have neck pain and back pain after my New Mexico car accident... Who will pay for my injuries?

 

Will the insurance company for person who caused accident pay for my exam and treatment by a doctor or chiropractor?

 

Will the ambulance, hospital or doctor agree to directly bill the insurance company for person who caused accident?

 

These are some of the most common questions we are asked at Caruso Law Offices by people who were just involved in a auto, car,  truck, motorcycle, bicycle or pedestrian accident or collision. They may have been taken away by an ambulance to the emergency room and sent home with medications.  They may have begun treatment with an orthopedic doctor, their primary care doctor or a  chiropractor.

 

But it is usually the same question....

 

Who will pay for my injuries?

 

 

If you have health insurance, you have less problems.  Most New Mexico health insurance companies such as Lovelace, Presbyterian and Blue Cross Blue Shield will immediately pay the ambulance and emergency room bills.  You may still have a deductible or co-pay.

However, many insurance companies now have a provision in the health insurance policy stating that they do not pay for injuries resulting from auto and truck accidents caused by another.

Where can you get the care that you need to treat your neck and back injuries from the car accident?

 

I personally believe that hands on exercise and therapy are the best ways to treat any soft tissue injury to your back or neck such as whiplash or back strains.

 

This type of treatment can be by chiropractors, physical therapists and medical massage therapists. Most of these health care providers will agree to directly bill the insurance company for the person who caused the accident.  Most will also accept a letter of protection and lien by a personal injury attorney.

 

 

You need to be very careful about who you chose to treat your injuries. 

 

Chiropractors, physical therapists and medical massage therapists have good and bad reputations among the insurance company for the person who caused the collision.  Chiropractors must follow the Croft Guidelines which limit the duration of treatment and number of total treatments.  If they fail to do so, your claim could be severely jeopardized.  Physical therapists and medical massage therapists need to be working with a doctor of some type to justify their bills to the insurance company.

Personal injury attorney Mark Caruso can help you select a credible chiropractor, physical therapist and medical massage therapist.

 

 Because Caruso Law Offices only handles personal injury and wrongful death cases we know the reputations of local doctors and health care providers. 

 

We listen to our clients, but we also listen to the comments of the insurance adjusters we fight daily. We know which health care providers to avoid, and we know which have the best reputations. 

 

Getting the health care provider paid

 

Once you make your selection on which health provider you want to treat your injuries, we can offer the medical doctor, chiropractor, physical therapist or medical massage therapist a letter or protection or medical lien on your claim.  That means the health care provider knows that we will submit their bills and records for payment from the insurance company for the person who caused the accident.  It also means that they know that they will get paid at the end of your case. 

 

Caruso Law Offices has worked with several hundred of New Mexico's health care providers over the past 27 years that Mark Caruso has had his personal injury and wrongful death law firm in Albuquerque.  We have an excellent reputation among health care providers because we get them paid from the insurance company for the person who caused the accident or collision. We can help you with your referral and letter of protection. 

 

Call personal injury attorney Mark Caruso at 505-883-5000 to get more information about how to treat your neck pain and back pain and other spinal injuries after your New Mexico car or truck accident.  You can also visit our website at www.carusolaw.com  Please read our client testimonials and reviews.

 

We have received the 2013 Client Distinction Award from Martindale Hubbell and are rated a 9.6/10.0 by AVVO lawyer ratings.  We also have an A+ rating from the Better Business Bureau.

 

Mark Caruso will give you a FREE consultation at one of our Albuquerque offices--Northeast Heights or Westside--or at your home, work or other location during the day or in the evenings or weekends.  We handle cases statewide throughout New Mexico and in the pueblos and reservations throughout our state. 

 

Mark Caruso will also explain our 29% discounted attorney fee for all personal injury and wrongful death claims resulting from auto, car, truck, motorcycle, bus, bicycle or pedestrian accidents and collisions. Why would you ever want to pay the higher 33 1/3% attorney fee that most personal injury and wrongful death attorneys charge.

 

Call us today at (505) 883-5000  

 

 

 

Discounted Attorney Fee, NM Car, Truck and Motorcycle Accidents and Collisions

Discounted 29% attorney fee  for personal injury and wrongful death cases that settle prior to a lawsuit, including auto, car, truck, motorcycle, bicycle and pedestrian accidents and collisions

 

Discounted 29% attorney fee for personal injury and wrongful death cases that settle prior to a lawsuit is offered by Caruso Law Offices.  This includes personal injury and wrongful death cases resulting from auto, car, truck, motorcycle, bus, bicycle and pedestrian accidents and collisions.

This  29% discounted attorney fee  is unprecedented in New Mexico, and Mark Caruso was the first Albuquerque Personal Injury and Wrongful Death Attorney to give such a discount to his clients. Most every other  personal injury  and  wrongful death  attorney still charges the full 33 1/3% attorney fee.



This discounted attorney fee applies to all  personal injury  and  wrongful death  cases handled by Mark  Caruso including accidents, collisions, crashes and wrecks involving a  car,  truck,  semi-truck, 18 wheeler, tractor trailer, commercial vehicle,  motorcycle,  bicycle, bus,  pedestrian  and to all types of injuries and wrongful death including head trauma,  brain injury,  spinal cord injury,  broken bones, soft tissue injury, psychological injury including PTSD.

**The FORMULA  for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

At the conclusion of the pre-litigation settlement of your personal injury or wrongful death claim only 29% is deducted for attorney fees, not 33 1/3%.

 

The math is simple, but the additional pocket money for the client can be enormous!

**The RATIONALE for the discounted attorney fee for all personal injury and wrongful death cases  is simple.

Caruso Law Offices  spends less money on expensive advertising than those other personal injury and wrongful death attorneys charging the   33 1/3% fee.

 

Caruso Law Offices  doesn't spend tens of thousands of dollars per month on television, radio, billboard and bus advertising. Because of the reduced advertising overhead, Mark Caruso can discount the attorney fee and put more money in the client's pocket. You don't really benefit from their advertising.

In fact, some jury polls indicate that juries don't like personal injury and wrongful death lawyers who advertise on television, radio, billboards and sides of buses. There is some evidence that they will award you less money because of who you have representing you in the courtroom.

Mark Caruso cites the NM Lawyers' Rules of Professional Responsibility which requires personal injury and wrongful death attorney to charge only a reasonable attorney fee based on the amount and kind of work performed. If the amount of work is less, why shouldn't the fees to the attorney be less. All personal injury and wrongful death attorneys should be following  Caruso Law Offices  example of the discounted fee. Fortunately, some attorneys have now begun copying Caruso's discounted fees.

**The  RESULT of the discounted attorney fee for all personal injury and wrongful death cases is simple.

A discounted attorney fee means more money in the client's pocket and less money in the attorney's pocket at the end of the case.

 

At the settlement of your case you are happier with our firm because you see more money going into your pocket with the  29% discounted attorney fee.

Mark Caruso continues to handle the property damage settlements and rental car for free.

A discounted fee does not mean discounted service!

 

Mark Caruso  has been practicing law since 1982--that's 31 years. An honors graduate of Pepperdine University School of Law, Mark is licensed in both California and New Mexico. He has been successfully handling personal injury and wrongful death cases for 31 years.

As a former insurance company attorney,  Mark Caruso  knows the ins-and-outs of the insurance claims business to get his personal injury and wrongful death clients the most money possible. He now uses that experience to help his clients against the same insurance companies. The lawyers and staff at  Caruso Law Offices  have been expertly trained by one of the most experienced and best personal injury and wrongful death attorneys in New Mexico.

There is no sacrafice in quality legal representation just because of the discounted attorney fee.

 

A discounted fee just means more money in your pocket when you settle your case.

Caruso Law Offices  gets new client referrals from prior clients, other non-personal injury attorneys, out of state attorneys, doctors, body shops and even insurance agents. These make up the majority of Mark Caruso's clients.

Some clients are attracted to the  discounted 29%  attorney fee.  Others are attracted to his experience as a former insurance company attorney who now works for the victims against these same insurance companies. Still others look at the high client ratings and testimonials as evidence of good work for their clients.

The attorney does less work in getting your case settled before a lawsuit is even filed,  and you should get a discounted fee since no lawsuit was required.

The discount applies to all  car accidents,  truck accidents,  motorcycle accidents, bus accidents, bicycle accidents  and  pedestrian accidents.  It applies to all personal injury claims and all wrongful death claims.

The people benefiting from this discounted fee are the clients of Caruso Law Offices. Call 505-883-5000 for a free consultation with Mark Caruso and find out why his  personal injury  and  wrongful death  law firm is so highly rated by clients and other attorneys. You can also see our website at www.carusolaw.com

Mark Caruso  is available NOW to discuss your  personal injury  or  wrongful death  case. Call him today at 505-883-5000
 

Call  Mark Caruso  for a FREE CONSULTATION to discuss your case by telephone or in person.
Once you personally talk to  Mark Caruso  you will understand why you need his history of experience and  skills in your personal injury and wrongful death claim.

Your consultation is FREE, so you have absolutely nothing to lose--and everything to GAIN!

Michael Morgan, Intern for Caruso Law Offices Passes 2013 Texas Bar!

By: Mark Caruso

Caruso Law Offices announces that Michael Morgan, the  personal injury  and  wrongful death  law firm's  spring/summer 2013 legal intern has passed the 2013 Texas Bar Exam!

 

Michael Morgan is a JD/MBA candidate at Baylor University School of Law and the Hankamer School of Business.  He received his Bachelor of Science degree at the University of Alabama.  He was a finalist in Baylor School of Law's Dawson Moot Court Competition.  Mr. Morgan studied abroad in Madrid, Spain and is fluent in Spanish.

 

 

 

Michael Morgan is actively involved in assisting Caruso Law Office attorneys with personal injury and wrongful death cases including those involving auto accidents,  truck accidents and motorcycle accidents.

 

 In addition he has been a valuable asset to the firm with their Spanish speaking clients. He has also been extremely involved in several wrongful death claims handled by Mark Caruso.

 

Passage of the 2013 Texas Bar Exam permits Mr. Morgan to soon return to Texas to practice law and complete his Baylor MBA.  Mr. Morgan intends to ultimately have his own law practice where he can focus in the area of personal injury and wrongful death. 

 

After seeing first hand how a plaintiff's personal injury and wrongful death law firm operates, he is excited to help his own clients with their own  car accident,  truck accident and motorcycle accident claims.

 

Caruso Law Offices is based in Albuquerque, NM and strictly handles personal injury and wrongful death cliams involving vehicular accidents.  Mark Caruso, an attorney with 31 years experience and a former insurance company attorney, has two offices in Albuquerque and represents clients statewide in New Mexico and in the pueblos and reservations of NM.   Additional information about Caruso Law Offices can be found at  www.carusolaw.com  or from Mark Caruso directly at mark@carusolaw.com  or at  (505) 883-5000

 

Current clients and others wanting to congratulate Mr. Morgan can contact him directly at Caruso Law Office at    (505) 883-5000. 

 

 


 

Attorney Fees for Albuquerque Car Accident

By Mark J. Caruso

Don't Pay the Higher 33 1/3% Contingency Attorney Fee in your Albuquerque Car Accident, Truck Accident or Motorcycle Accident

You have probably seen all the personal injury attorneys advertising on television, billboards and the sides of buses offering to represent you in your Albuquerque  personal injury or  wrongful death claim on a percentage fee basis.  This is called a contingency fee.

A contingency fee means that you pay the personal injury attorney no hourly fee, but instead pay a "percentage fee" at the conclusion of the claim.  If the lawyer recovers no money on the claim, the attorney gets no attorney fee.

The New Mexico Rules of Professional Conduct for Attorneys set the ethical rules for  New Mexico attorneys to follow when charging personal injury clients a contingency fee for their  car accident,  truck accident  or  motorcycle accident. The Rules require the contingent fee to be reasonable and that the contingent fee agreement be in writing and signed by the client and attorney.

Most every auto accident and personal injury  attorneys in Albuquerque, NM  charges a contingency fee of  33 1/3% for all personal injury or wrongful death cases that are settled prior to a lawsuit being filed. This seems a little steep, especially because so little work is done by the personal injury attorney before the lawsuit is filed. Most of the initial proof of liability against the at fault driver and gathering of medical records and bills for treatment of personal injuries are done by a paralegal or legal assistant supervised by the attorney.

The personal injury attorney becomes much more involved in the preparation of the settlement demand to the insurance company adjuster,  the negotiation of settlement and the conclusion of the claim with the client.

It's only if the insurance adjuster won't settle with the attorney and client that a lawsuit may be required.  The majority of our cases at Caruso Law Offices do in fact settle without a lawsuit.    If a lawsuit is filed because the case could not be settled, then the attorney has much more involvement and expenses in the claim.

Beginning in 2009  Mark Caruso  and  Caruso Law Offices  pioneered a new approach to contingent  attorneys fees in Albuquerque, NM. 

Caruso began discounting the attorney fee to 29% contingency fee in cases that settled before the filing of a lawsuit. Caruso believed that to be in compliance with the "reasonable fee" requirement of the Rules and knowing that less work was required to settle a case if no lawsuit was yet filed, that a discounted fee was warranted.

We currently discount the contingency fee to only 29% if a case is settled before a lawsuit is filed.

The result is that more money goes into our  client's pocket in every case that we settle before a lawsuit! We also believe  it also means quicker settlements for clients. As an example, using a settlement of a $50,000 case, the attorney fee would be $14,500 rather than $16,666.  That's $2,100 more into the client's pocket rather than the attorney's pocket.

The response from clients to the discounted contingency fee has been amazing. 

Caruso Law Offices  receives most of its personal injury client referrals from word of mouth, and little advertising is really needed. Today, most of our clients with  car accident claims,  truck accident claims  and  motorcycle claims  are by word of mouth and referrals.

Lawyers insisting on the 33 1/3% fee try to argue that a discounted 29% fee means a lesser qualified attorney or law firm.   Not so with Caruso Law Offices!

Mark Caruso, the senior attorney at Caruso Law Offices, has 31 years experience and is a former insurance company attorney who now helps injured victims.   He is also licensed in both New Mexico and California, and he is a member of the New Mexico Trial Lawyers Association, the American Association of Justice and the prestigious Million Dollar Advocates Forum.  Caruso has been awarded Martindale-Hubbell's Client Distinction Award, AVVO Lawyer Ratings Superb 9.6/10.0 rating and Better Business Bureau's A+ rating.

Because Caruso Law Offices does not do television, radio, billboard or bus advertising, its law firm advertising overhead is much lower.  It doen't need to justify the higher 33 1/3% fee to pay for this expensive advertising. More importantly, the discounted fee of 29% helps who it supposed to help--clients of Caruso Law Offices.  It puts more money in the client's pocket, and less money in the attorney's pocket.

Helping the clients should be the number one priority of every attorney, and it is the priority at Caruso Law Offices.

Caruso Law Offices isn't spending lots of money on advertising and can afford to pass the savings to his clients.  Advertising is an expensive overhead.  Freeway billboards can cost $8,000 a month, and some attorney television budgets are $20,000 monthly.  This attorney advertising does not mean that the particular attorney is a better attorney, only that he is spending more on advertising and probably charging the higher 33 1/3% fee rather than the discounted 29% fee.

Mark Caruso would like to personally meet with you to confidentially discuss your car accident, truck accident or motorcycle accident. The consultation will be FREE and without any obligation whatsoever. We will discuss the facts of the accident, medical care you have received and future medical care that you may require.  We will discuss what to expect from the claims process and the "personality" of the automobile insurance company your claim is against.  We promise to answer all of your questions and give you honest and truthful answers.

 You can call Mark Caruso at 505-883-5000 or toll free at 800-657-9292.  We have two locations in Albuquerque-our Northeast Heights office and our  Westside office. Mark Caruso can also meet you at your home, work or hospital and on weekends and after hours.

We represent personal injury clients with vehicular accidents throughout the state of New Mexico and in the pueblos and reservations of our state.

You can also visit our web site at   www.carusolaw.com  or contact Mark Caruso at mark@carusolaw.com   We look forward to hearing from you.

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

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

By:  Mark Caruso
 

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

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

 

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

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

 

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

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

 

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

 

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

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

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

 

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

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

 

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

 

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

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

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


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

Repair of Car After Albuquerque Car Accident

I Need My Car Repaired After an Albuquerque Car Accident!

By:  Mark Caruso

You have been in a  car accident,  truck accident  or  motorcycle accident  in Albuquerque, and it wasn't your fault. How are you going to get your car damages repaired?

New Mexico law gives you rights against the person at fault and their insurance company.

But delays in the claims process may mean that you are driving around with a damaged car for weeks after the wreck.  What can be done to speed up this process so you can get your vehicle fixed.

Because  Caruso Law Offices  only handles  personal injury  and  wrongful death  cases, we run into this problem almost every day.  Here is my advice as a  personal injury  and  wrongful death  attorney with 31 years experience. I would be happy to give you more advice during a  free consultation.  Just call me at 505-883-5000 or email me at mark@carusolaw.com






 First, you need to understand that most of the time the officer will not give you the name of the insurance company and policy number for the at fault driver at the scene of the collision. The officer will give you a police report number and tell you that the report will be available in 7 to 10 days.  This creates the first problem of delay.

 

 

Without knowing the name of the insurance company or policy number you don't know who to contact.

If you have collision/comprehensive on your vehicle with your own insurance company, you should immediately begin the vehicle damage  claim  by reporting the accident to your own insurance company.  The phone number to the claims office and your policy number should be on your proof of insurance card you carry in your car.

Let your insurance company know that you want them to begin the property repair process.  Let them know that you do not want to wait for the at fault person's insurance. Do not let your insurance company intimidate you into waiting to deal with the at fault person's insurance.

For instance you might be told that you will need to pay a deductible if you go thru your insurance company but no deductible if you go thru the at fault person's insurance.  This is true.  But as we explain below, the timing should work out that you don't need to pay the deductible.  And even if you do pay it, you will get it back almost immediately after the at fault person's insurance gets copies of the repair bills.

You might also be told that your rates will go up.  This is a lie. New Mexico law prohibits your own insurance company from raising rates or, cancelling you  so long as the accident report states that the accident was not your fault.

 The "property damage adjuster" will take a short statement of what happened in the accident and instruct you on how to proceed on getting estimates.

Some insurance companies require you to get 2 or 3 estimates, while others will want you to make an appointment with them to physically inspect your vehicle.  Regardless of the amounts of the estimates, your insurance company will be required to pay for all the repairs to your vehicle less the deductible.

Now here is where it gets interesting.  While you are getting your vehicle repaired, probably 7 to 10 days has passed and the accident report is now available.  You need to get a copy of the accident report.

The accident report will state the name and contact information of the driver and owner of the at fault vehicle and the name and policy number for the at fault driver's insurance.  You need to immediately telephone the insurance company.  They will take your statement and ask you to fax them a copy of the accident report.  Bec extremely careful what you say to the adjuster because it can be used against you later.

You need to let the property damage adjuster for this insurance company know that your vehicle is currently being repaired, where it is being repaired and the amount of the anticipated repairs.  You will need to also fax this adjuster a copy of your estimates or appraisals you received from your own insurance company.

In most instances the at fault driver's insurance company will directly pay the auto body shop the full cost of all repairs, and you will have no deductible. 

You were able to get the process started using your own insurance company, and finished the repair to your vehicle using the at fault driver's insurance.

Unfortunately, if you don't have collision/comprehensive insurance you will need to wait until you get the accident report before you have any idea who to contact about the repairs to your vehicle.

If you need any assistance on your property damage claim or personal injuries resulting from the collision, please contact  Caruso Law Offices  at (505) 883-5000. We only handle personal injury and wrongful death claims.  That's all we do.  This lets us focus our entire law firm on just one type of law--Personal Injury and Wrongful Death.

Attorney  Mark Caruso  is a former insurance company attorney who now represents individuals who have been injured  car accidents,  truck accidents,  motorcycle accidents,  bicycle accidents, bus accidents or as pedestrians.

Mark Caruso has been an attorney for 31 years.  We have  2 offices in Albuquerque to serve you...Northeast Heights (Montgomery and Carlisle) and Westside (Coors and I-40). We also represent clients statewide and in the pueblos and reservations of our state. 

Call us at (505) 883-5000 for a  free consultation  with Mark Caruso or another attorney at our  personal injury  and  wrongful death law firm.  The consultation is confidential and without obligation.  We can meet with you at either office or at your home, work or hospital.  We can also meet you after hours and on Saturdays.

We look forward to hearing from you.

 mark@carusolaw.com

Free APD Accident Report--Identification of Drivers, Witnesses and Insurance Companies. Call (505) 883-5000

Get Your Free APD Accident Report

 

By:  Mark Caruso

 

Call 505-883-5000 for a free copy of the Albuquerque Police Department--APD accident report--and Bernalillo County Sheriff Department --BCSO accident report. 

It typically takes 7 to 10 days for the accident report to be available to  the drivers of the involved vehicles from APD or Bernalillo Co. Sheriff.

The accident report will state the name and contact information of all drivers, passengers, witnesses,  the insurance company name and policy number. The accident report also states the investigating officer's findings of the contributory causes of the accident.

You will need this accident report to make an insurance claim.

How to order your free copy of your accident report:

Call 505-883-5000.

We will need the following information:

1.  the name of a driver,

2.  the date and time of the accident,

3.  the location (nearest intersection) where the accident occurred.

Caruso Law Offices will immediately get the APD and BCSO accident report for you  the first day that it is available. We are at the Records Department every morning, and we will check every morning to see if your accident report is available.

We will telephone you immediately the morning that we get the accident report. You can pick up the accident report at the receptionist desk at 4302 Carlisle NE in Albuquerque. You can park for free at our front entrance door.  You don't need to make the long trip downtown, fight for parking, pay for parking and wait in line to get your accident report.

There is no obligation to you whatsoever.

When you come to our office to pick up your free accident report, we will also give you the option to immediately meet with a lawyer for free to discuss your car accident.  There is no obligation to do so. We will also tell you about our discounted 29% contingency fee which is the lowest percentage in Albuquerque.

Just call 505-883-5000 and give us your full name, the date of the accident and the location of the accident.  We will get the accident report for you.

There is  no obligation or cost for providing you a copy of your accident report, and  there is absolutely no obligation or cost to meet with an attorney at our office if you choose to do so. Caruso Law Offices offers this service to the people of Albuquerque as a public service.  Call 505-883-5000

Caruso Law Offices is a  personal injury  and  wrongful death  law firm with two offices in Albuquerque. The firm exclusively handles personal injury cases in Albuquerque and statewide throughout New Mexico.  Because we only handle personal injury and wrongful death cases, we are particularly good at what we do.

 Mark Caruso is a former insurance company attorney who now helps the victims of the negligence of others against insurance companies and large corporations.  In practice for 31 years, Caruso has the experience to fight for you.

Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Albuquerque Accident Attorney: 5 Steps You Should Take After a New Mexico Accident

Duty of APD Officer to Report His/Her Auto Accident

By Mark  Caruso, Albuquerque Accident Attorney

Here is the link to get the APD protocols for APD officers reporting of every vehicular accident. If you are involved in an accident with an APD officer, you should verify that all of these protocols were followed.

Link to APD Protocol For Reporting Accidents

Remember that you must give written Tort Claims Act Notice in compliance with New Mexico Statutes to preserve any claim of property damage, personal injuries and other damages.  Failure to fully and completely comply with the Tort Claims Act will void your claim, and you will receive nothing


If you need assistance on your auto accident claim against an APD for negligent operation of their vehicle,  please contact Mark Caruso with Caruso Law Offices at (505) 883-5000.   We will make sure that the Tort Claims Act is fully complied with and that you are fully compensated for your damages and injuries.

Mark Caruso is a former insurance company attorney who now helps victims get compensated for their damages and injuries from the same insurance companies.  Mark Caruso has practiced law for 31 years.  Caruso Law Offices limits its practice exclusively to personal injury and wrongful death claims.  For a free consultation with Mark Caruso, please call Caruso Law Offices at (505) 883-5000 or visit our website at www.carusolaw.com

Albuquerque Police Reports Help Determine Who Caused Accident

by Mark Caruso, Albuquerque Accident Attorney

Accident Reports by Albuquerque Police Department and Bernalillo Sheriff Department

The police report, accident report or crash report prepared by the Albuquerque Police Department (APD) or Bernalillo County Sheriff Department (BCSO) is the best way to determine who was at fault for your  car accident,  truck accident or  motorcycle accident.

If you have been in an accident in the Albuquerque area, then most likely an APD officer or Sheriff deputy showed up at the scene to investigate the accident and prepare the accident report.

At the scene the officer talked with the drivers of the vehicles and any witnesses who presented themselves to him/her with information about the collision.

 The officer most likely took handwritten notes of the individuals which will be typed on to a computer form. The officer will also assess the amount of damage and location of the damage to the vehicles and other property that might have been involved.  The officer will also look for other physical evidence such as skid marks, broken glass.  Most importantly the officer will assess the actual location of the accident taking into consideration the number of lanes, traffic control devices like stop signs and traffic signals and the amount of traffic. The officer will also note any complaints of personal injuries from the collision.

Based on his/her own training and the laws of the state of New Mexico, the officer will determine which driver was at fault.  In some instances the officer will cite one of the drivers.

Normally the officer will not give each driver any information on the other driver.  Instead, the officer will give you his/her business card with the accident report record locator number written on the card.  The officer will tell you that the accident report will be available in 7 to 10 days.

The APD officer or Sheriff deputy will then enter all the information from the handwritten notes on to a computerized form approved by the State of New Mexico.  The report includes all of the information discussed above, but the report has a separate section called "Contributing Factors".  It is this section that is the most important section of the report, because it determines who is at fault for the collision.

Let me explain to you how to read this section.

Each "Contributing Factors" section on the accident report identifies a specific vehicle such as vehicle 1, vehicle 2, vehicle 3, etc. You will need to look at the first few pages of the accident report to determine which driver and vehicle you are to determine which section of the "Contributing Factors" applies to you.  So, if you are vehicle/driver one on the page 1 of the report, then your "Contributing Factors" are only those listed for vehicle on on about page 3 of the report.

A perfect notation in the section would be something like "No Contributing Factor" or "None" meaning that you did absolutely nothing to cause the collision.  Other notations like "Speeding Too Fast for Conditions" or "Failing to Yield" or "Disregarding Traffic Controls" mean that you caused the collision.

In my experience as a personal injury attorney I believe that the "Contributing Factor" section of the accident report is the primary factor that insurance companies and attorneys use to determine who is at fault.

 It is very difficult to get an insurance company to reject the findings of the officer unless the officer clearly made a mistake and reversed the parties. (This does happen!)

The officer is the best person to make a decision on who is at fault for the vehicular collision.  He is at the scene minutes after the collision. The officer can judge the character of the drivers and witnesses to help determine who he/she believes is telling the truth.  The officer sees the physical evidence and the location first hand.

If you review the accident report prepared by the officer and find errors, you can file a supplemental report to be attached to the accident report. You can do so by taking the original report with you to the local APD or BCSO office and requesting a supplemental sheet.  You can handwrite your version of the collision together with the accident report number appearing on the original accident report and submit it to staff at the office.

Witnesses who are not listed on the accident report are not very credible.  The exception is the witness who may be noted on the 911 transcript. It is important to get a copy of the transcript from the APD or BCSO if the fault of one of the parties is important.

Often times the transcript will indicate that a particular witness used his/her cell phone to report an accident that they actually witnessed.  However, because of time constraints they did not stop to talk with the individuals involved or wait for the investigating officer.


If you have questions concerning your vehicle accident please contact Caruso Law Offices at 505-883-5000 for a free consultation.  Also, visit our web site at  www.carusolaw.com   We only handle  personal injury  and  wrongful death  cases as a result of a car, truck, motorcycle, bus, bicycle or pedestrian accidents.

Albuquerque Police Chase and Pursuit Accident Attorney

by Mark  Caruso, Albuquerque Accident Attorney

Police Pursuit and Chase

Albuquerque Police Pursuit and Auto Accident Attorneys Serving Albuquerque and New Mexico Statewide

 

Albuquerque Police Chase Attorneys
 

Unfortunately, it is not uncommon for bystanders and innocent motorists to suffer personal injuries nd sometimes wrongful death, during police pursuits. According to data from the FBI, there are 300 deaths each year as a result of police chases. Innocent bystanders and motorists are the victims in 40% of these chases.
 

At Caruso Law Offices our auto accident attorneys understand the devastating effect an accident can have on  victims and their family. We support law enforcement  and all of those protecting our citizens. But we will fight to protect our clients if the law enforcement officer was negligent in the operation of his/her vehicle.
 

Unfortunately, there are instances when chases are unnecessary or when they are not performed in accordance with written police procedures. In these cases, only a lawyer who is experienced in bringing a claims on behalf of victims of a negligent police officers can successfully pursue a claim on behalf of an injured  victim.



 In these instances, Caruso Law Offices  with our proven track record of representing injured pedestrians and motorists in Albuquerque and other counties throughout  New Mexico can help you fight for compensation for medical expenses and other losses related to the accident. Call us at (505) 883-5000 if you have any questions.  We offer a free consultation with an attorney to confidentially discuss your claim.
 

Negligent Pursuit and Police Chases

Over the years Caruso Law Offices has  represented many families who have been affected by negligent police officers. Written policies provided to every officer set out specific procedures regarding safe pursuit. Often, either acting alone or as a result of a department's approach to chases, individual officers will disregard these procedures.
 

 

The officers then continue the chase well beyond the point when it is clear that the danger to the public outweighs the need to catch the suspect.

 

Often, the police can obtain a license tag number and use other investigative techniques to determine the identity of the driver without putting the public in danger. Avoiding pursuit at high speeds helps to avoid endangering innocent third parties.
 

If you received  personal injuries  or a family member suffered a  wrongful death  as a result of  a police chase or pursuit or any  vehicular accident  caused by a police officer, contact  Caruso Law Offices  today at (505) 883-5000.  Because of New Mexico's strict Tort Claims Act you are required to give written notice to the government  entity and file a lawsuit by specific deadlines.  Failure to do so will void your entire claim.  That's why it is so important to call us today.
 

 A lawyer with our office can help you hold the negligent or reckless police officer accountable for your injuries and accountable for his or her decisions and actions whether it be in Albuquerque, Bernalillo County or throughout New Mexico.  Our attorneys have recovered millions of dollars in settlements and awards on behalf of our injury victims. We can help you, too.
 

Taking on law enforcement officers who refuse to follow procedure and injure or kill someone is something that many lawyers refuse to do.  At  Caruso Law Offices  we believe that no one - law enforcement officers included - are above the law.  Good officers agree with us. Negligent ones who injure or kill innocent victims in police pursuits must be held accountable.
 

Call us today for a free consultation with an attorney at (505) 883-5000 or email us at mark@carusolaw.com   Also, please visit our web site at www.carusolaw.com    We offer statewide representation, and can meet with you at our office, your home or other location that is convenient for you.   

Albuquerque Car Accident Attorney, Rear End Accidents

by Mark Caruso, Albuquerque Accident Attorney

Rear End Collision, Mark Caruso--Albuquerque Auto Accident Attorney

Rear End Collision in Albuquerque Auto Accident

Rear-end  car accidents,  truck accidents  and  motorcycle accidents  in Albuquerque are a common occurrence, as they are throughout New Mexico.  Congested roads, older roads not build for high traffic volume, and the presence of red light cameras or other traffic control devices have all increased your risk of being involved in a rear-end collision.  Caruso Law Offices handle rear end accidents every day, because personal injury claims is all we do.  Call us at (505)883-5000 or e-mail us at mark@carusolaw.com or visit our web site at www.carusolaw.com

The Albuquerque Personal Injury Attorneys at the Caruso Law Offices are dedicated to helping accident victims recover losses through personal injury  and  wrongful death  litigation. Rear-end collisions are often described as whiplash claims. The fact of the matter is that they can lead to very serious, debilitating injuries.

With many types of accidents and collisions, a driver has some warning, and may even be able to take evasive action to avoid some of a collision's blunt force. With a rear-end collision, a vehicle's occupants typically have no such warning.

 

Caruso Law Offices has probably seen every type of possible rear end accident in the 31 years that we have been handling car accident claims. 

Common causes of rear-end crashes in New Mexico include:

• Tailgating
• Panick stopping
• Sudden stop by the first car
• Rapid acceleration by the second car
• Red-light cameras or other intersection technologies
• Congested streets
• Cell phone use
• Inattention

In many cases, the risk of serious or fatal injury is compounded by the size of the vehicles. Being struck from behind by a larger vehicle can be devastating, and may even force you into the vehicle in front of you. Conversely, hitting the rear of a larger vehicle, particularly a large truck, can result in an underride accident, in which your car is forced beneath the leading vehicle.

The rear driver is typically cited in such accidents.

 

A 2011 investigation by local Police Department found tailgating was the leading cause of injury crashes in the city - sending more people to the hospital than drunk driving or speeding.

In some cases, a defective vehicle claim may arise from a rear-end collision. Perhaps the brakes were defective.  In other cases, large commercial trucks without mandatory override guards or other protective equipment can result in a higher chance of serious or fatal injury.

Neck, Back and Whiplash Injuries From Rear End Collision in Albuquerque

Whiplash  is not a medical term. And unfortunately, it has become synonymous with injury lawsuits. Whiplash  is used to describe "Cervical Acceleration-Deceleration" injuries, which is the rapid movement of the neck.

It is very important to understand that the neck is a very delicate structure of tendon and bone. Neck, back, or shoulder injury as a result of a rear-end collision may include headaches, pain in the arms and legs and numbness. A  whiplash  injury may be the result of the stretching of the spine's anterior longitudinal ligament, which stretches or tears as the head snaps forward and then back.

We can refer you to local health care providers to treat your neck and back injuries. 

 

Most of these doctors will wait until you settle your case before any money is due them.  We work with orthopedic doctors, neurologists, chiropractors, dentists, internists, physical therapists, medical massage therapists, radiologists and other health care providers. 

You need to be evaluated if you are having any discomfort whatsoever.  We can arrange for a consultation with a doctor  if you have no health insurance or prefer not to pay a deductible or co-pay with your current health insurance.

Rear-end collisions can cause very serious neck and back injuries, which should not be dismissed and should not be taken lightly.

Victims should understand the long-term implications of such injuries. You should take injuries into consideration when determining whether to pursue a  personal injury  claim against an at-fault driver.

Remember that we offer a  29% discounted attorney fee.  Call personal injury and wrongful death attorney Mark Caruso today at (505)883-5000, e-mail us at mark@carusolaw.com or visit our web site at  www.carusolaw.com  to schedule a free confidential appointment with one of our attorneys. 

If your family is dealing with a New Mexico  car accident,  truck accident or motorcycle accident contact the Albuquerque personal injury and wrongful death attorney Mark Caruso at Caruso Law Offices today for a free and confidential consultation to discuss your rights. Ask about our discounted contingency fee.

Albuqueque Injury Lawyer - 505-883-5000 -- Free Consultation

Statewide Representation

New Mexico Christian Lawyers, Personal Injury and Wrongful Death

 

New Mexico Christian  Lawyers:

Personal Injury, Wrongful Death and  Vehicular Accidents 

Primarily focusing on car accidents, truck accidents, semi-truck accidents, 18 wheeler accidents, tractor trailer accidents, motorcycle accidents, bicycle accidents, bus accidents and pedestrian accidents.

Mark J. Caruso
Caruso Law Offices, PC

Northeast Heights Office:

4302 Carlisle NE
Albuquerque, NM  87107
(505) 883-5000

Westside Office:
2929 Coors NW, Suite 310-E
Albuquerque, NM  87120
(505) 369-1361


mark@carusolaw.com
www.carusolaw.com
www.AlbuquerqueAccidentAttorney.blogspot.com

Law firm only handles  personal injury,  wrongful death, vehicular accidents, malpractice

Licensed attorney since 1982 in CA and 1987 in NM

Pepperdine University School of Law

Attends Legacy Church, Albuquerque