Skip to main content
Mark John Caruso
Avvo
Pro

Mark Caruso’s Answers

157 total


  • Do I need an attorney for a fall on my landlord's property?

    There is a hole big enough for my foot to fit on my second story porch where I rent. I was carrying in a shelf when my foot went into the hole and twisted my knee to the point of not being able to walk on it. This just happened about an hour ago. ...

    Mark’s Answer

    NM law requires the landlord to keep the property safe, but it also requires you to "look" where you are walking. If the hole was visible or you knew about it, you would have a difficult time against the landlord. If the hole was hidden and you didn't know about it, it would be much easier. Once you show its the landlords fault, you are entitled to money damages for medical bills, pain and suffering, lost earnings, etc.

    See question 
  • Need lawyer for Crestor case drug caused me to get diabeties

    Took Crestor from 2004 to 2011got diabeties local doctor then took me off Crestor

    Mark’s Answer

    I suggest that you contact a NM licensed medical malpractice attorney asap.

    See question 
  • Can my fiance and I legally lose our on-site caretaker position because of my knee replacement surgery I had on June 29th 2015?

    We have been here a year on contract basis 6 months at a time I had informed them of my dr. appts all a long and my pending surgey . Prior to my surgery there was no issue with our work here and now that I am unable to do anything they said that t...

    Mark’s Answer

    You need to consult with a NM licensed employment law attorney asap.

    See question 
  • I have a medical malpractice questions

    I had a nerve implant stimulator and a revision on an old stimulator the phisician forgot to anchor the cervical lead causing it to migrate into my brain cavity can this Dr be held accountable for not checking and re-anchoring the cervical lead it...

    Mark’s Answer

    I suggest that you contact a NM licensed medical malpractice attorney asap.

    See question 
  • I had a breast lift & augmentation. There were complications & I had 6 surgeries on my right breast & 2 on the left over 2yrs.

    I explained to the doctor that I wanted full, round and perky breast. I was very clear that I did not want "natural" looking breasts. The surgeon recommended saline implant. I later found out saline wouldn't provide the fullness that silicon does...

    Mark’s Answer

    I suggest that you contact a NM licensed medical malpractice attorney asap.

    See question 
  • I need help! I am Pro Se and need help from a NM attorney to file with NM Med Rev. Comm. I can forward information and case no.

    Following is a letter requesting legal representation to present my case, which I filed Pro Se, to the medical review commission. This ridiculous hurdle is part of the NM Med Malpractice Act. I am holding my own against to law firms, but the court...

    Mark’s Answer

    I suggest that you contact a NM licensed medical malpractice attorney asap.

    See question 
  • How to handle a hit and run accident?

    Three days ago I was involved in a hit and run accident. I was in the middle of heavy traffic and we all stopped for a red light and a young couple hit me on the back of my car. The guy and I stepped down out of the vehicles and he starts apologiz...

    Mark’s Answer

    • Selected as best answer

    First, you need to immediately notify your insurance company and determine if you have uninsured motorist coverage. Remember, you are required to be given uninsured motorist coverage as a package with every liability coverage in New Mexico unless the insurance company did 2 things:
    1, They must show that you rejected uninsured motorist coverage in writing with your signature. (Not paying for it isn't good enough, they need to show that you knowingly rejected uninsured motorist coverage.)
    2, They must show you the amount of uninsured motorist coverage in writing. In other words, they need to show you how much you saved monthly/yearly by rejecting uninsured motorist coverage.
    Even if you legally rejected uninsured motorist coverage, you might still be able to get some coverage for your injuries if
    1. You were named as an insured on someone else's policy and they had uninsured motorist coverage,
    2. You had uninsured motorist coverage on another vehicle,
    3. You resided with a family member who had uninsured motorist coverage on one of their own vehicles.
    It is very important that you speak with an attorney who handles uninsured motorist coverage in New Mexico, as there are many other options available. Don't guess about your rights, you need to consult with an attorney. New Mexico law is different than the uninsured motorist laws in other states.

    See question 
  • If a pedestrian is struck by a truck in New Mexico and there is question about the walking signal, who has the right of way?

    Current wrongful death case in New Mexico. The police accident report states both a 'blinking red hand' and 'left green turn'. Obviously contradictory, but not sure if it matters. Regardless, a person was in the crosswalk and was struck then run o...

    Mark’s Answer

    As you are aware, your mother could have begun crossing the street slowly while the hand was flashing red. She might have even begun crossing on a late green hand. Because she was in the cross walk, even if the hand started blinking red, the truck driver should have yielded to your mother. He still needed to yield to your mother. The key is the eyewitness. Has the attorney taken the deposition of the eyewitness yet?

    See question 
  • Do I need a personal injury lawyer

    I was involved in a motorcycle accident last Thursday (10 days ago). a car pulled a left turn from the oppisite direction into a McDonalds .I was riding in the right lane. He completly cut me off. I was forced to lock my brakes and slide down on m...

    Mark’s Answer

    • Selected as best answer

    Sorry to hear about your injuries. Our Albuquerque firm exclusively handles motorcycle and vehicle accidents, and unfortunately the most severe accidents involve motorcyclists. Thank goodness you were not more seriously injured.
    It does usually take 7 to 10 days to get the accident report. You should check daily to see if the report is available. The report will list the other driver's name, owner's name, their addresses and phone numbers and more importantly the insurance company information and policy number. You should contact the insurance company immediately and report the claim, unless you intend to get an attorney. If you get an attorney, the attorney will report the claim for you.
    I am a little concerned that the driver and owner of the other vehicle might not have insurance. Then you would need to bring an uninsured motorist claim. Again, you should not talk with the insurance company if you intend to get an attorney to help you.
    Whether you have a direct liability claim against the other person's insurance company or an uninsured motorist claim, under NM law your entitlement to money does not change. The only difference would be that there is a $250 property damage deductible under uninsured motorist coverage. Under both you are entitled to personal injury damages for medical expenses, pain and suffering, lost earnings, and partial permanent impairment.
    New Mexico attorneys can refer you to a health care provider to provide medical care under a letter of protection should you prefer not to use your own health insurance or have no health insurance. That way you can get the medical care to treat any of your injuries.
    When choosing a New Mexico attorney, you should verify that the attorney only handles personal injury cases rather than all the different types of law that an attorney can practice. Also you should check on line testimonials and other references for the attorney. You can retain an attorney or law firm from Albuquerque to represent you in Las Cruces.
    Finally, if the report is not available in the next few days I would contact the sergeant for the officer who investigated the collision to determine why the report is not available. Also, keep contacting the records department at Las Cruces PD and ask for the supervising officer. There is absolutely no reason the report should not be available in 14 days.

    See question 
  • I had a kitchen cabinet, professionally installed, separate from its backing (not the wall) and fall on my leg.

    This caused a to-the-bone laceration that has taken over 4 years to heal. I notified the manufacturer, and Home Depot, the cabinet vendor of the injury, provided them with pictures of everything. Two years later, the manufacturer sent a rep with a...

    Mark’s Answer

    Unfortunately, the statute of limitations passed 3 years after the fall of the cabinet. You needed to file a lawsuit for your personal injuries before the 3rd anniversary of the fall. Because you didn't do so, you lost your claim.

    See question