Amputation Lawyer in Rancho Cucamonga, CA
Whether it is a single digit or an entire leg, an amputation is a big deal that can have life-altering consequences. If someone else’s negligence has caused your injury, you may speak with a Rancho Cucamonga amputation lawyer to help you determine eligibility to recover compensation for the costs of treating your injury and the emotional distress often accompanying such an injury.
An amputation can affect nearly every aspect of your life. At the Law Offices of Fernando D. Vargas, our Rancho Cucamonga personal injury trial attorney understands that adapting to your new reality is one of the most crucial moments of your life, leaving you little time to manage the minutiae of an in-depth insurance claim or lawsuit. Our team will handle the legal work so you can focus on your recovery.
The Law Offices of Fernando D. Vargas Will Provide You with Individualized Legal Representation
The Law Offices of Fernando D. Vargas have been serving Rancho Cucamonga injury victims for nearly 40 years. We have an established history of successful settlements and jury verdicts, and encourage you to review testimonials from our previous clients. Our firm values you and your family, and we endeavor to provide an individualized approach.
We know that San Bernardino County is home to a large Spanish-speaking population, and we want to provide quality services whether you speak English or Spanish. Therefore, Fernando D. Vargas is fluent in Spanish, and several of our team members are fluent in Spanish. You should not be limited in legal recourse because of the language you speak.
In addition to our personalized approach, working with an amputation attorney from Fernando D. Vargas means you benefit from his experience defending insurance companies early in his career. This means you have the advantage of a lawyer with a unique understanding of the insurance company’s strategies to devalue your claim, allowing us to stand our ground more effectively to get your compensation.
Our Firm Provides Excellent Representation on a Contingency Fee Basis
After an amputation injury, you are likely already trying to determine how to cover the countless expenses for your care. We do not want legal fees to prevent you from fighting for what you deserve. Therefore, we work on a contingency fee basis. This structure means you will not owe us unless we recover a settlement or win damages in a trial.
We Are Ready to Take Your Amputation Case to Trial
Many personal injury cases will never see a courtroom. In most cases, no one wants to risk the unpredictable ruling of a judge unless they are very confident they will win. Therefore, many personal injury attorneys can practice without going to court, leaving them rusty and sometimes uninterested in pursuing the case to trial even when necessary.
At The Law Offices of Fernando D. Vargas, our Rancho Cucamonga amputation lawyer prepares your case for trial from the very beginning. Of course, our goal is to obtain a settlement offer you are happy with without the stress and duration of court, but we are not afraid to see the case through to the end if that is what it takes to get justice.
The Difference Between Amputation and Dismemberment Is Often Misunderstood
The language surrounding amputation can lead to confusion for those hoping to understand what it is and how it differs from dismemberment. While each injury ultimately results in the loss of a limb, amputation often refers to the surgical removal of a limb.
However, you may hear the term “traumatic amputation,” which refers to the loss of a limb during an accident or due to traumatic injury, which would be considered a dismemberment.
Amputation Injuries Can Cause Intense Feelings of Grief
While dismemberment injuries that happen during an accident are often traumatic, those who suffer amputation, even in the relative safety of an operating room, often experience significant feelings of grief and loss. Healing yourself physically is important, but emotional recovery is just as important to your ongoing quality of life. Part of this recovery includes allowing yourself to feel and experience the feelings that come.
In addition to grief, many individuals may experience symptoms of depression, anxiety, post-traumatic stress disorder, or acute stress disorder. If you experience emotional disruptions or distressing feelings related to your amputation, it can be beneficial to contact a mental health professional or seek out local support groups or resources such as the Rancho Cucamonga Amp’d on Life Inclusive Programming Initiative.
It is unthinkable to have to consider the amputation of a part of your body as the best option, especially when the choice is forced upon you because of someone else’s negligence. If this happens to you, the team at Fernando D. Vargas is here for you to fight for what you deserve.
There are Many Ways You May Sustain an Injury that Requires Amputation
When we consider amputation as the surgical separation of a limb, the reasons this may be necessary are numerous. They may range from necrotic tissue or disease to circulatory problems, wound complications, or trauma. In most of the circumstances our amputation attorneys work with are those resulting from accidents or trauma. This may include:
You may encounter a significant injury that does not immediately necessitate an amputation, but after additional complications such as infection or inadequate healing, you may have to decide to amputate the limb. This may be a life-saving measure to prevent mobility or function of the rest of the limb or to improve quality of life.
Amputation Can Involve Severe Complications
A surgical amputation is not a small procedure, and it comes with risks. Some are typical with any surgery, such as the risk of increased bleeding, poor reactions to anesthesia, blood clots, or damage to nearby structures. Other concerns that may have lasting consequences include:
- Slow wound healing
- Infection
- Nerve damage
- Nerve pain
While some of these complications may be fatal, others can dramatically impact your quality of life, causing long-term pain or nerve issues. Problems such as infection may result in systemic problems, a longer duration of hospitalization, and other treatment needs that may increase the cost of treatment and delay recovery.
You May Utilize the Support of an Assistive Device After an Amputation Injury
If you suffer the amputation of a major body part, such as a hand, foot, arm, or leg, you may require the support of an assistive device. This may be something like a cane that you can utilize as necessary, or it may be a prosthetic your physician prescribes to you. While they are sometimes covered by insurance, this is not always the case, and it can be another added expense.
While a prosthetic limb may be an invaluable tool for helping with mobility and daily life, it is not simple to use effectively. Several considerations are involved, including your mobility goals, the amount of soft tissue remaining, and the condition of the skin. It can take a significant amount of time and numerous adjustments to ensure a fit that does not leave sores or injury and allows you to use it appropriately.
Many individuals who have undergone amputation find immense freedom and independence from prostheses. However, according to the Johns Hopkins source referenced above, this is not true for everyone, meaning some will be unable to take advantage of this benefit.
California Laws May Affect How You Pursue Your Amputation Claim
Several pieces of legislation dictate when and how you may pursue damages for your amputation case. The relevance of these laws may vary based on a number of factors that an amputation lawyer in Rancho Cucamonga can help you determine.
The Statute of Limitations Limits How Long You Can Wait to File a Lawsuit
All civil cases have a statute of limitations. This is partially to reduce frivolous lawsuits or backlogged courts. However, it also prevents the possibility of a lawsuit from a car accident you had 15 years ago. According to California Courts, the statute of limitations on a personal injury case is two years.
Two years may feel like plenty of time to decide to engage an attorney and file a lawsuit, but in many cases, the investigation and negotiation stages of a civil case can take months. When you wait to contact an attorney, you have less time to engage in proper negotiations and may feel rushed to a decision due to the encroaching statute of limitations.
Liability Laws Can Introduce Complicated Intricacies That Affect Your Payout
Liability in California can be a tricky concept. If you have suffered amputation due to a car accident, your settlement negotiations are often with the car insurance company. California is an at-fault state regarding accident liability, requiring you to show evidence that your driver was responsible for your injuries before they made payments.
Comparative Negligence Statutes Leave Much Open for Debate
Additionally, California operates under a pure comparative negligence model regarding shared liability. California Statute 1714 explains that damages should be paid according to the percentage of fault apportioned. If you are considered 15% at fault for your injuries resulting in amputation, you can recover 85% of the damages awarded.
The comparative negligence statutes can be hugely beneficial if you have contributed to your accident in a small way because they still allow you to recover compensation for your injuries, if slightly reduced. However, this may motivate the insurance company to work harder to place unwarranted blame on you. The more blame they can get you to accept, the less they must pay.
Regardless of how clear you think your accident case is, it might be a smart move to contact an attorney for guidance. This is especially true if you have concerns that the other person may try to accuse you of causing the accident.
Establishing Liability is Dependent on Showing Negligence
Ensuring that you establish the other party’s negligence is critical to supporting the claim that they are legally responsible for your injuries. This is done by providing evidence, such as photos or medical records, showing evidence of the harm done. Additionally, you must establish that the responsible party had a legal duty of care towards the victim. Further, that they somehow failed in that duty, and that failure caused the accident resulting in your amputation.
This is often a relatively simple process. Though in more unusual instances, it may require more investigation to provide the necessary evidence.
Compensation Available in a Rancho Cucamonga Amputation Injury Case
Pursuing compensation following an amputation injury is not just about getting money or holding the responsible party accountable. It is often about ensuring you have the resources necessary to keep your life moving and avoid drowning in medical debt. Every case is unique, so the type and value of the damages you claim may vary, but some of the more common losses we address include:
- Cost of medical care
- Travel costs to and from appointments
- Bills for therapeutic interventions
- Cost of accessibility modifications for your home or vehicle
- Pain and suffering
- Lost wages
- Loss of earning potential
The costs of treating and managing amputation injuries and the life adjustments that follow can be astronomical. Monetary compensation will not cure your injuries or erase the distress they cause, but it can provide some of the resources necessary to keep your life on track.
Schedule a Free Consultation at the Law Offices of Fernando D. Vargas Today
The aftermath of something like an amputation injury can leave you reeling, unsure of what is next, and maybe just eager for the ordeal to end. The good news is that you do not have to handle all of it alone. When you schedule a free consultation with the Law Offices of Fernando D. Vargas, we can walk you through the process and discuss your options.
When we work a case, we support our clients however we can, which includes handling the day-to-day needs of your case. You can focus on your recovery, and trust that we will keep you in the loop on any developments and call you to talk through any decisions you need to make.