Questions Answered by Mark Caruso

Q: Would arbitration ever be preferable to a lawsuit in a personal injury case involving a car accident where both people

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Feb 1, 2017

I think you are asking whether an arbitration is preferable to a jury trial. Arbitrations are typically much less expensive, quicker and easier than a jury trial. An arbitration is typically done before a single arbitrator or group of arbitrators and is typically completed in less than one day.
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Q: Is restitution allowed in addition to bodily injury liability payments?

1 Answer | Asked in Personal Injury for New Mexico on
Answered on Apr 22, 2013

You cannot get double recovery on your claim.

Q: What is the statuate of limitations on damage to property of a household member?

1 Answer | Asked in Personal Injury for New Mexico on
Answered on Apr 22, 2013

The statute of limitation for damage claims is 3 years. An exception is when the claim for damages is against a governmental entity such as the state, county, city, school when the statute of limitations is 2 years.

Q: Can your lawyer give u an advance on your settlement

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Apr 22, 2013

NO. The Rules of Professional Responsibility for the State of NM prohibit a direct advancement of cash or other benefit to a client. The only exception is for litigation and case expenses and costs. However, an attorney in NM is permitted to sign a protection agreement between a client and a third party advance company such as Oasis Advanced Loan or others commonly seen on television.

Q: Can i sue a direct tv employee who assaulted me with a 2 1/4" metal pipe that was 5 ft long during a road rage incident?

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Apr 22, 2013

Yes. This is clearly an assault and battery. Not only is it a criminal act but it is a civil act as well.In a civil claim you can get damages for medical expenses, pain and suffering, lost earnings and punitive damages. Because he was in the scope of his employment, his company may also be responsible.

Q: Can I add lost wages to my personal injury law suit ?

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Apr 22, 2013

YES. New Mexico law specifically permits a damage claim for lost earnings and future earnings in a personal injury suit sucha as a car or truck accident. Remember, the lost earnings and future earnings must result from the injuries you received in the accident. If a physician tells you to stay off work from the injuries make sure that he gives you something in writing. You can give this documentation to your employer but also keep a copy for yourself. Also, keep track of time that you might...

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