Dismemberment Lawyer in Rancho Cucamonga, CA

Losing a limb is a significant injury that can have lasting effects even after healing. Dismemberment can be an incredibly expensive injury to treat. It may require months or years of treatment following the injury, and you should not be responsible for the financial burden this poses. If someone else’s negligence caused your dismemberment, you may have legal recourse for compensation by working with a Rancho Cucamonga personal injury trial attorney.

At the Law Offices of Fernando D. Vargas, our dedicated dismemberment lawyer offers you individualized and skilled legal support to recover the compensation you need to ensure you can maintain your quality of life and obtain the services you need.

The Law Offices of Fernando D. Vargas Offer Exceptional Legal Services

Fernando D. Vargas began his legal career in 1987, establishing the Law Offices of Fernando D Vargas in 1995. He began working as a defense attorney for insurance companies, giving him valuable experience and a unique perspective on the personal injury claims process. He knows how they function, giving you the upper hand in your dismemberment claim.

Rancho Cucamonga hosts a diverse population with a large number of Spanish speakers. One of the values our team adheres to is providing individualized representation. To ensure accessibility and accurate communication, Francis D Vargas can provide services in Spanish, and many other staff members are fully bilingual.

The facts of every case are unique, resulting in a significant variation in the value of cases. However, our team is no stranger to six and seven-figure settlements and jury verdicts. You can rest assured that our team will fight for the maximum compensation available while you focus on your recovery.

Our Trial Attorney Prepares from Day One

Many personal injury cases settle without ever going to court, and many personal injury attorneys rely on this to get things taken care of quickly. If we can secure what you want or deserve without going to trial, we will do that.

However, when you work with a Rancho Cucamonga dismemberment attorney from the Law Offices of Fernando D. Vargas, you know you have a team prepared to take your case to trial when necessary to get the compensation you need.

What’s the Difference Between Dismemberment and Amputation?

Many may talk about dismemberment and amputation interchangeably, and while they both indicate the loss of a limb, the terms refer to differing methods of loss. Amputation is often used to discuss the surgical removal of a limb, which may be the result of a traumatic injury or accident, but when we discuss dismemberment, we are referring to the loss of a limb at the scene of the accident.

A Dismemberment Injury is Often Inherently Traumatic

Due to the nature of dismemberment, the experience is inherently physically traumatic and often emotionally traumatic. The type of accident that severs a limb can very reasonably give the individual fear for their life, and the dismemberment is considered severe bodily harm or catastrophic injury. Both of these conditions are adequate to cause post-traumatic stress disorder (PTSD), whether you were injured in a motor vehicle or premises accident.

Victims of dismemberment may process the event differently. Some may be able to work through the accident relatively quickly, while others may need additional support to fully process and heal from the trauma of the accident.

Emotional Recovery After Dismemberment Can Be as Challenging as Healing Physically

The physical recovery from limb loss can be grueling, depending on how the dismemberment occurred and what part of the body it affected. However, once the physical injury heals, you may find yourself facing an equally challenging emotional recovery. The Amputee Coalition provides information and support to help those coping with dismemberment understand what they may expect from recovery. This includes some of the emotional stages you may experience, ranging from the initial experience of pain and anguish to developing control over your injury and life to thriving with your new normal.

Some of the factors most influential to how you recover include:

The accident that caused dismemberment and how much of the limb you lost. You may experience different levels of distress over the loss of a finger compared to the loss of your arm, to your shoulder
Your individual ability to cope, including attitudes about your health and your ability to recover
Your age, health, and financial ability to manage the injury
Do you have a strong support system that can support you
Is your living environment one that will be accessible to you following your injury
Do you have access to the services you will need

Dismemberment Can Occur from Many Types of Accidents

There are an upsetting number of ways one might experience dismemberment. An important consideration for this is that dismemberment may occur partially, where some soft tissue remains connected, or completely, where all tissue is completely severed from the rest of the body. However, some of the more common situations our firm works with regarding dismemberment include injuries resulting from:

Among these types of accidents, aggravating or protective factors may increase or decrease your risk. For example, if you are incorrectly seated in a vehicle or have a limb outside of the vehicle, you are significantly more likely to face dismemberment or amputation of that limb. Similarly, a failure to wear appropriate protective gear on a motorcycle may increase your risk.

Dismemberment Injuries Can Have Severe Complications

It might be hard to think of complications after something as horrific as dismemberment, but these types of injuries often result in significant blood loss and a large open wound. This leaves the victim vulnerable to many health complications that can cost you more money and require more time for a full recovery.

Some of the most immediate concerns that may present from an injury like this include severe blood loss and traumatic hypovolemic shock, which occurs when your body has inadequate blood to adequately oxygenate your brain and organs. This type of situation can lead to organ damage or failure, including brain damage.

When your medical team has your wounds stabilized and your injuries are no longer life-threatening, you may still face some risk of complications from infection. This risk may be born of the standard risk from a hospital environment, or most often, the wound was exposed to contaminants in the accident. Physicians tend to minimize this risk by clearing the wound of debris and dressing it. They may also provide antibiotics.

Some individuals who experience dismemberment may experience lingering discomfort or pain in the dismembered limb. This is often referred to as phantom limb pain and may be present in more than 75% of individuals who have lost a limb. The cause of phantom limb pain is thought to be a mixture of brain structures and nervous system rearrangement to accommodate the loss.

Your Life After a Dismemberment Injury

After your injury, you may struggle to re-engage with life the way you used to. Symptoms of depression and anxiety are not uncommon, which may make it difficult to enjoy things like spending time with your family or hobbies that you used to enjoy. Anxiety symptoms can make it difficult to function at work, and related sleep disruptions can make everything in your life more difficult than it used to be.

If you have lost a significant portion of an arm or leg, you may be unable to return to your current job. You may require extensive therapies to help you adapt to your new body and relearn how to perform daily tasks.

The Role of California Law in Your Recovery

California legislation will often dramatically impact how you pursue compensation for your injuries. The experienced dismemberment lawyer with The Law Offices of Fernando D. Vargas can help you determine applicable laws and how they may affect your case.

The Statute of Limitations Determines How Long You Have to Make a Claim

All civil cases in California face a time limit to file a claim or lawsuit. If someone’s negligence has caused your dismemberment injury, this is typically a personal injury case. According to the California Courts, you have two years to file a lawsuit for your injuries.

This may feel like more than enough time, but it can take time to adequately investigate your case and negotiate with insurance before determining a lawsuit is the appropriate step. The statute of limitations makes it important to call an attorney sooner rather than later.

California’s At-Fault Insurance Models Require You to Establish the Other Party’s Negligence

California has an at-fault insurance model. This means that the driver responsible for the accident is responsible for paying damages. Understandably, this means that insurance companies will require evidence of the policyholder’s negligence prior to paying out any damages. Even then, policy limitations often reduce your recovery.

Sometimes, responding police officers will issue a citation that makes liability more evident, but other times, you may need to provide evidence while also trying to defend yourself against accusations of liability.

Pure Comparative Negligence Laws Can Help or Hurt Your Recovery

Many people involved in accidents may be concerned that they cannot recover damages if they partially contribute to their injuries. California’s pure negligence laws ensure this is not the case. While it will not bar you from collecting compensation if you contributed to your accident, your recovery will decrease by your percentage of fault.

For example, if your settlement amount is $100,000, but you were determined to be 10% at fault for the accident, your sum will be reduced by $10,000, leaving you to recover $90,000. This concept makes it imperative to call one of our dismemberment lawyers, especially if you suspect the responsible party will try to blame you for your dismemberment.

We Can Help You Establish That the Other Party’s Negligence Caused Your Dismemberment

The core of any personal injury case is negligence. You must establish through a preponderance of the evidence that it is more likely than not that the other person was responsible for your dismemberment. Legally, this is done by establishing four things.

Duty of care: This is often a driver’s duty to follow traffic laws or a landowner’s duty to safely maintain the premises
Breach of duty: The responsible party failed to follow traffic laws or keep a safe area
That breach caused your accident: this failure caused an accident
That accident caused injuries: The accident from their breach of duty resulted in injuries, in this case, dismemberment.

Sometimes, something like a car accident where someone ran a red light is easy to establish negligence. However, we have seen some unusual car accidents and situations that require us to put our skills to good use. Regardless of how clear you may think a situation is, we can never undervalue the role of photography and video when it comes to compelling evidence.

Our Team is Ready to Help You Recover the Compensation You Deserve

When it comes to catastrophic injuries like dismemberment, a lawsuit and recovering compensation is about more than just money. It is often about securing your future and ensuring you can continue to live your life with the support you need.

Some of the damages our dismemberment attorneys often discuss with clients include:

Medical bills
Medical device costs
Cost of home renovations for accessibility
Loss of quality of life
Pain and suffering
Lost wages

You may find yourself claiming damages for all or some of the above. Every situation is unique, but it is important to thoroughly evaluate your situation to ensure you claim all eligible damages.

Call The Law Offices of Fernando D. Vargas Today for the Support You Deserve

Recovering from the physical and emotional trauma of dismemberment can be grueling. You should not have to worry about handling a legal case on top of that. Insurance companies aim to undervalue your claim, requiring diligence and a deep understanding of your rights. Call the Law Offices of Fernando D. Vargas to schedule a free case consultation to discuss your options.