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Mark John Caruso
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Mark Caruso’s Answers

158 total


  • What options do I have if my attorney severely jeopardized my wrongful death case ?

    3 years ago my father was delivering parts for a well known company on his regular scheduled route and he was maliciously attacked as a gang initiation and was murdered . I hired a lawyer in Arizona which I faithfully trusted to represent my famil...

    Mark’s Answer

    You might have a malpractice action if the lawyer failed to file a lawsuit within the statute of limitations. However, it is not improper for the lawyer to withdraw if there was a valid reason to do so.

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  • Is it illegal to us a false address on insurance?

    I found out when applying for insurance that my ex-husband, his brother and niece are using my home address as theirs. They have never lived here. I recently received an envelope for his mother indicating her "card" was included. She owns her o...

    Mark’s Answer

    You should always be absolutely honest when completing the insurance application. In most instances the application will ask you to attest to the truth of the answers. Your wrong answer could permit the insurance company to claim that you voided the contract with false answers.

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  • What advice can i get for being tased in the head unjustly by the cops ???

    i was tased in the head so how do i file a tort claim and a 1983 lawsuit , i have alot of questions and no answers ....?

    Mark’s Answer

    Sorry to hear about your injury. New Mexico has a strict tort claims notice requirement. A written claim must be filed with the proper party within 90 days of the incident. Please let us know which law enforcement agency you intend to bring the claim against, as each agency will have a different person to whom you must give notice. Failure to give notice to the appropriate agency of the specific facts of the incident and an identification of your injuries within the specific period of time will void your claim under our state's tort claims act. I would be happy to discuss with you further. Mark Caruso, licensed in NM 505-883-5000

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  • Can I sue for pain and suffering? I just got in a car accident , while at a stop I was hit at least 40mph from the back.

    I was on my way onto a freeway when i got hit by a SUV who I guess was speeding pass cars and crashed into me at least 40mph, pretty much damaging the entire back side of my car, and today my neck, back, and leg is sore and painful I was wondering...

    Mark’s Answer

    It sounds like the accident was not your fault. You are then entitled to money damages for the negligent act of the other driver. Their insurance or your uninsured motorist coverage should pay for your damages.

    You need to get medical care to document your injuries and get them taken care of. In most instances the amount of your medical expenses dictates the amount of pain and suffering. Exceptions might be broken bones which are cheap to fix but have much more pain and suffering.

    Make sure that you get an attorney who only handles personal injury claims. Too many attorneys try to handle too many types of cases. Stick with someone who specializes in personal injury.

    You need to also find an attorney who offers you a discounted attorney fee if the attorney can settle the case without having to file a lawsuit. As an example, our firm charges a 29% fee for cases that don't require a lawsuit. This discounted fee puts more money in your pocket.

    You should also look for an attorney with years of experience handling personal injury and car accident claims. Look at web sites for more information than you can get from a 30 second television advertisement.

    My Blog (see below) has a great article i wrote about "Pain and Suffering" and another one on "why attorneys should only charge a 29% fee". You might find it useful to read before you hire an attorney. Good luck.

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  • What can i do here? Was involved in a car accident

    I was going over the speed limit and got involved in an accident. I had the right of the way and some guy drove out of the apartment driveway. I was going only 6 mile over the speed limit. So i tried not to hit him and pass him by going to the lef...

    Mark’s Answer

    You need to speak with your insurance company and a personal injury attorney immediately. Make sure that you get an attorney who only handles personal injury claims. Too many attorneys try to handle too many types of cases. Stick with someone who specializes in personal injury.

    You need to also find an attorney who offers you a discounted attorney fee if the attorney can settle the case without having to file a lawsuit. As an example, our firm charges a 29% fee for cases that don't require a lawsuit. This discounted fee puts more money in your pocket. You should also look for an attorney with years of experience handling personal injury and car accident claims. Look at web sites for more information than you can get from a 30 second television advertisement.My Blog (see below) has a great article i wrote bout why attorneys should only charge a 29% fee. You might find it useful to read before you hire an attorney. Good luck.

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  • I was in a car accident a month ago how do i find a lawyer?

    my aunt and i were in the car stopped turning left and someone wasnt paing attention and rearended me it was 100% his fault the chiropractor i was sent to said i should get a lawyer

    Mark’s Answer

    Make sure that you get an attorney who only handles personal injury claims. Too many attorneys try to handle too many types of cases. Stick with someone who specializes in personal injury. You need to also find an attorney who offers you a discounted attorney fee if the attorney can settle the case without having to file a lawsuit. As an example, our firm charges a 29% fee for cases that don't require a lawsuit. This discounted fee puts more money in your pocket. You should also look for an attorney with years of experience handling personal injury and car accident claims. Look at web sites for more information than you can get from a 30 second television advertisement.
    My Blog (see below) has a great article i wrote bout why attorneys should only charge a 29% fee. You might find it useful to read before you hire an attorney. Good luck.

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  • I was hurt in a car accident but need to go back to work, the insurance wants to settle but i don"t want to do it to fast.

    that i suffer later on down the road. do i go back to work or stay off to fully recover and see it they cover everything

    Mark’s Answer

    You really need to have a free consultation with a personal injury attorney in your area before you think about settling. At least get some information from the attorney. You don't need to hire the attorney, just get information. I recommend to my clients that they not settle until they have reached their pre-accident medical condition or get a determination as to permanent impairment. Only then do you know the value of your case. You should always settle the case looking backwards in time to what you have gone thru. You should NEVER settle your case looking towards the future trying to guess what you will go thru.

    As a former insurance company attorney I am obligated to also tell you that you are falling into the trap of the insurance company adjuster. They are trained to get you settled before you are done treating. Don't fall for their tricks.

    I understand that you may need to go back to work. You need to put food on the table. But that alone doesn't mean that you must settle. You can go back to work and still get the medical care you need.

    The one thing you must watch for is the statute of limitations. You must settle or file a lawsuit before the running of the statute of limitations or your claim will be void. Read the article on my blogspot about insurance companies before you have any more conversations. I wish you the best.

    That's why it is so important for you to contact an attorney TODAY for a free consultation before you make any decisions whatsoever. Good luck.

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  • How many extensions can an ins co ask my attorney for?

    We filed a lawsuit against a nursing home where my fell and was seriously injured. They stated they wanted to settle but needed more time. My attorney gave them 10 days, it has been 7 days now.

    Mark’s Answer

    There really isn't any statutory limit on the number of times. However, the attorney works for you. You don't work for the attorney. The attorney should abide by your requests. If the attorney can't abide by your request, then the attorney should resign from your case. You and your attorney need to be on the same page. If he wants to grant an extension, he probably has a good reason for doing so. He just needs to explain his reasoning with you. Sounds like you and your attorney really just need to talk and get on the same page. Good luck.

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  • Yes what should i do when I'm dealing with a probate lawyer whom is non-responsive, and doesn't return my calls

    my father wrote his will on his death bed simple boiler plate will the executor is his common law wife who is on high end pain medications including methadone. the attorney George Wolcott of Richland WA has been dragging his heals stating one day...

    Mark’s Answer

    You need to make sure that you have documented your request that the lawyer contact you. Don[t just telephone, you also need to write an email or a letter. Keep copies. If you get no response or not the response that you want then you should immediately contact the state Disciplinary Board of attorneys. The Board will ask the attorney to explain the lack of communication with you and determine whether the attorney is treating you ethically. You may find that the attorney immediately contacts you once he hears from the Disciplinary Board. It is unfortunate that your lawyer is treating you this way, because it gives all lawyers a bad name and reputation. Lawyers need to constantly communicate with their clients. It's difficult at times, but it is a necessary part of being a lawyer.

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  • Can an attorney bill me for the time it takes her office to generate an invoice to me?

    I hired an attorney, paid for the initial consultation, but several days later ended up demanding to cancel my contract for her representation. All she provided me with at the consultation, which was paid for, was advice (obviously) and a list of ...

    Mark’s Answer

    You need to make sure that you have documented your request that the lawyer drop the bill and outline why it is improper to charge you as you have done with your statement above. If you get no response or not the response that you want then you should immediately contact the state Disciplinary Board of attorneys. The Board will ask the attorney to explain the billing and determine whether the attorney is treating you ethically. You may find that the attorney immediately drops the bill once she hears from the Disciplinary Board.

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