Catastrophic Injury Lawyer in Rancho Cucamonga, CA
A catastrophic injury will change your life forever. The initial trauma, extensive medical treatment, and long recovery can leave you with permanent pain and/or disability, as well as staggering medical costs. However, a catastrophic injury lawyer in Rancho Cucamonga, CA can provide you with compassionate support while fighting to secure valuable resources for you.
At the Law Offices of Fernando D. Vargas, we guide you through the legal process so you can get justice for the injuries you have suffered. Our highly skilled Rancho Cucamonga catastrophic injury lawyers can negotiate with the opposition to secure a settlement that adequately compensates you for your losses and medical care.
To request a free consultation with an experienced catastrophic injury attorney near you, contact our law office in Rancho Cucamonga. We will utilize our extensive experience to provide personalized attention and strategies to secure the results you need.
Catastrophic Injuries Can Impair Mobility and Your Ability to Perform Daily Activities
Catastrophic injuries are the result of severe accidents that cause irreparable harm. Individuals who have suffered these types of injuries may face severe limitations in their lives, as well as their ability to work and earn a living. Some people may also require equipment, home, or vehicle accommodations to compensate for an impairment they have suffered.
It is essential to go to the doctor immediately after suffering a catastrophic injury. A medical professional should assess the full extent of your injuries and act quickly to treat them so you can have the best prognosis possible. Catastrophic injuries are often likely to affect three key areas, as well as have an impact on an individual’s emotional and mental well-being. Below is a closer look at each.
Physical Impairment
Catastrophic injuries often cause severe physical impairments that can limit your mobility and ability to function. While paralysis (paraplegia or quadriplegia/tetraplegia) may be a common one many people would think of, catastrophic injuries also include loss of limbs, weakness, difficulty walking, and problems with balance and/or coordination. These injuries severely limit the ability to complete tasks and function normally.
Mental Impairment
Some catastrophic injuries may compromise cognitive function. This may be the result of head trauma, brain injury, or spine injury. These injuries may cause difficulty thinking clearly, remembering new information, concentrating, and recognizing people. Individuals may also suffer from slowed thoughts, confusion, loss of memory, and personality changes.
Sensory Impairment
A person’s senses may also be affected by a catastrophic injury, impacting their ability to understand and respond to changes in their environment. Sensory impairments may include loss of hearing, vision, sensation, or numbness. These injuries may also cause considerable physical pain, an inability to speak, or difficulty speaking. With these functions compromised, it can affect multiple aspects of an individual’s life.
Emotional Repercussions
These various impairments can all have emotional repercussions. While some may be the result of traumatic brain injuries, most are in response to the injuries and impairments that an individual has suffered. Many individuals struggle with the sudden changes they have been subjected to and the tragic loss of a function. Individuals may suffer from post-traumatic stress disorder (PTSD), insomnia, anxiety, and depression.
Catastrophic Injuries Threaten Key Areas of the Body
Catastrophic accidents can occur on the road, in the workplace, or on another person’s property. An injury of this magnitude can affect different areas of the body and require extensive care. Below is a more in-depth look at some common catastrophic injuries.
Dismemberment
Dismemberment occurs when there is a loss of a limb in an accident. The limb could be irreparably separated, severed, crushed, or infected. These injuries can impact what you are physically capable of, and may require a prosthetic to compensate for the lost limb.
Amputation
Amputation is different from dismemberment in that it is a surgical response to a severe injury. Amputation may be used when an injury is so severe that the limb may no longer function properly or there is a risk of spreading infection. A surgeon will carefully remove the limb while preserving as much function of the remaining limb as possible. A prosthetic is likely to be needed afterward.
Traumatic Brain Injuries (TBI)
Traumatic brain injuries (TBI) are a common catastrophic injury in accidents. Force, penetration, lack of oxygen, brain bleeds, and more can disrupt the brain’s ability to function and send messages throughout the body. Depending on the type of injury, traumatic brain injuries can cause physical, sensory, cognitive, behavioral, and mental complications to varying extents.
Burn Injuries
Burn injuries can occur in the workplace, from defective products, vehicle accidents, or chemical exposure. Individuals can suffer first, second, or third-degree burn injuries, with the third being the worst. Burns can be caused by fire and extreme temperatures, as well as electricity, radiation, chemicals, or friction.
Electrocution Injuries
Workers in particular may be vulnerable to suffering electrical injuries when working with high voltages, defective products, or improperly grounded wires. These injuries can affect an individual’s heart and ability to breathe. Electrocution can also cause burns, pain, tissue damage, seizures, and more.
Fractured Bones
Severe bone fractures can cause numerous problems for individuals. In particular, if a bone breaks through the skin, it can cause complications, including infection. Even after fractures have been treated and healed, an individual may have scarring, disfigurement, reduced mobility, and discomfort.
Spinal Cord Injuries (SCI)
Spinal cord injuries (SCI) impact the brain’s ability to send signals to various parts of the body. When these messages are disrupted, they affect an individual’s ability to move, sense their surroundings, control eliminatory functions, and more. These injuries can also have an impact on psychological and social health.
Evidence Supports Your Account of Events in a Catastrophic Injury Case
Evidence is essential and can make all the difference in the outcome of your case. The more you have, the stronger your case will be and the better the results. While it is important to gather as much evidence as you can after an accident, our Rancho Cucamonga catastrophic injury lawyers can also help you acquire more as needed. The following types of evidence can be used in your case:
- Videos and photos of the accident, your injuries, and the offender that show the details of the event and its results
- Testimonies from witnesses at the scene of the accident who can describe the events that transpired and the outcome of the accident
- Police report objectively detailing the facts and evidence of the accident
- Surveillance footage that captures the accident and how it occurred
- Your medical records, showing the severity of your injury and your symptoms
- Testimony from a medical expert regarding the likelihood that your symptoms will persist in the future
- Records from mental health professionals you may have visited for treatment
- A personal injury diary describing the impact of your injuries and symptoms on your daily life
- Testimony from friends and family regarding the change in your quality of life
If you are uncertain about what evidence can be used in your case or the quality of your evidence, talk to your lawyer to determine how to proceed. They can advise you on what your options are and create a plan for your case. Your lawyer also has resources that may allow them to request forms of evidence that you may not be able to get yourself.
Liability is a Key Factor in Resolving Catastrophic Injury Lawsuits
Catastrophic injuries are the result of negligence and are therefore preventable. When you have been the victim of this type of accident, it may be very clear what the other party’s role in the accident was; other times, not so much. However, even if you know that the other party was at fault, it must be shown as fact during your case. To do so, catastrophic injury attorneys in Rancho Cucamonga, CA will demonstrate the four elements of negligence.
Duty of Care
In any liability case, a lawyer must lay the foundation by demonstrating how the at-fault party was intended to behave. This element provides the measuring stick, per se, against which all other actions are compared in the case. In a catastrophic injury case, the party at fault for the accident had a duty of care to create a safe environment and/or act cautiously around others so no harm would be done.
Breach of Duty
This element of liability highlights the actions that were in direct conflict with the at-fault party’s responsibilities to others. At this juncture, your lawyer will present the specific actions the at-fault party took or did not take. They will use evidence to support your claim and compare the breach of duty against the duty owed.
Causation
Causation is the crux of liability in a negligent accident. This is the element that shows that the at-fault party’s actions were the catalyst for the accident. It also links your catastrophic injuries to their actions by showing that your suffering was the direct result of their negligence and could have been avoided otherwise.
Damages
The last element requires the liable party to make restitution. As a consequence of their actions, the at-fault party must pay you for the value of your losses. Whether compensation is settled out of court or is issued by a judge at the end of a trial, your lawyer will ensure that the at-fault party pays you all that you are entitled to receive.
Compensation Relieves Financial Stress After a Catastrophic Injury
Catastrophic injuries result in staggering losses and expenses. Long-term medical care and an inability to work for any length of time can wreak havoc on your life and financial situation. However, when you work with a catastrophic injury attorney, you can recover compensation to provide relief for your circumstances. While money cannot restore lost functions, it can ensure you receive the medical care and other resources you need without the financial stress.
If you have suffered a catastrophic injury, you have likely suffered physical injuries and the psychological toll of them as well. Damages aim to provide relief for losses in both of these categories. While your circumstances will dictate what you can recover, compensation covers a variety of losses to help you get as close to a state of wholeness as possible. A settlement or verdict may include the following:
- Initial, current, and ongoing medical expenses
- Medical equipment and accommodations
- Travel costs to doctor appointments
- Lost earnings or earning capacity
- Damage to property or personal belongings
- Diminished quality of life and enjoyment
- Pain and suffering
- Emotional distress
- PTSD, anxiety, depression
- Loss of companionship/consortium
Depending on the circumstances of the accident, punitive damages may also be recovered, but are not guaranteed. Additionally, when a catastrophic injury leads to death, damages can also cover the cost of funeral and burial expenses and provide applicable death benefits to surviving family members. It is important to speak openly with your lawyer about all of your losses so they can determine what you may be able to recover and the value of your settlement.
File Catastrophic Injury Claims Without Delay
Catastrophic injury claims must be filed within the two-year statute of limitations. Otherwise, you may lose your opportunity to recover your losses. Cases take time to build, and evidence can deteriorate over time, so it is important to hire legal representation soon after an accident to ensure the best outcome for your case.
Request a Free Consultation with Our Rancho Cucamonga Catastrophic Injury Attorneys
If you or a loved one has suffered a catastrophic injury, taking legal action may not be the first thing on your mind. However, you do need to take action to hold the party at fault responsible for their actions and secure the compensation your family needs for the future.
Attorney Vargas is ready and willing to help with this effort. The first step is a free case evaluation, where you can learn about your legal rights and options. If you decide to hire him as your catastrophic injury attorney, he will cover all the costs of preparing your case for negotiation or court, and you will only have to pay for his services after he wins your case.