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Following a catastrophic injury, it may seem that there is no real recourse an individual can take. In fact, it may seem that the situation is hopeless especially if the injured party is incapacitated and incapable of contacting legal counsel themselves.
However, if someone you love has sustained an injury, there are legal actions you can take. If a loved one, has sustained a catastrophic injury, you can retain the services of a Boynton Beach catastrophic injury lawyer. A capable personal injury lawyer can advocate for the injured party and assure that their rights are respected.
What Is A Catastrophic Injury?
A catastrophic injury, in a medical malpractice case, is defined a little differently than a non-medical malpractice case. In a medical malpractice case, Florida statute defines a catastrophic injury as:
- A permanent impairment, constituted by either a spinal cord injury involving severe paralysis of an arm or leg or the trunk
- Amputation of an arm, a hand, a foot or a leg involving the effective loss of use of that appendage
- Severe brain or closed head injury, which could be evidenced by severe sensory or motor disturbances, severe communication disturbances, severe complex integrated disturbances of cerebral function, severe episodic neurologic disorders or other severe brain disorders
- Closed head injury conditions
- Second and third degree burns over more than 25% or more of the body surface, or third degree burns over more than 5% of the face and hands
- Blindness
- Loss of reproductive organs
All of those are considered a catastrophic injury under Florida law. Catastrophic injuries differ from personal injuries because catastrophic injuries are long-term and often permanent, whereas other injuries heal over time.
If a person is unable to maintain gainful employment because of their injury, there is a strong argument that the injury is catastrophic. In the context of a workers’ compensation case, if a person’s injury is deemed catastrophic or they are unable to maintain gainful employment, they may be entitled to permanent, total disability payments.
Should I Acquire Legal Counsel?
If a loved one lacks the capacity to hire a lawyer, a family member may contact an attorney on their behalf as Guardian or next friend. The rules regulating the Florida Bar have specific rules for lawyers to follow regarding disabled clients.
Florida Rules of Professional Conduct state that when a client’s ability to make adequately considered decisions in connection with representation is impaired, whether because of minority, mental disability or for some other reason, the lawyer shall, as far as reasonably possible, maintain a normal client-lawyer relationship with the client. The lawyer may seek the appointment of a guardian or take other protective action with respect to a client when a lawyer reasonably believes that the client cannot adequately act on the client’s own interest.
If a legal representative has been appointed to that client, the Boynton Beach catastrophic injury lawyer should ordinarily look to the representative for decisions on behalf of the client. If the legal representative has not been appointed, the lawyer should seek such an appointment where it would serve the client’s best interest.
What If My Loved One Has Been Injured?
A family member of an injured or incapacitated person may be entitled to be appointed as a Guardian to make legal decisions on behalf of that person. If a family member contacts a Boynton Beach catastrophic injury lawyer on behalf of an incapacitated person who was injured, the lawyer has to assess whether they believe an appointment of Guardian would serve their client’s best interest for the Florida Rules of Professional Conduct discussed above.
If a person is unexpectedly injured and becomes incapacitated, the first question is whether that person has executed a Power of Attorney which designates someone to act on their behalf. If there is no duly executed Power of Attorney, the next step is to have someone designated as Conservator or Guardian to the incapacitated person through the circuit court of the county where the incapacitated person resides.
Incapacitation can be permanent or temporary. There is no hard line that defines incapacitation. It will be the lawyer’s judgment call whether to have a Guardian appointed for someone who they believe is incapacitated. An incapacitated person means a person who has been judicially determined to lack the capacity and ability to manage some of their property or to meet at least some of the essential health and safety requirements of the person.
Contact Our Boynton Beach Catastrophic Injury Lawyers Today
In instances where an individual has sustained a catastrophic injury, it is important to work with someone who has experience working with incapacitated individuals, and who will be able to help the individual’s Guardian make informed decisions with regards to the care of the individual. An adept lawyer can fight on behalf of the incapacitated party, in order to make sure that their rights are protected and that responsible parties are held accountable. If you or someone you know has sustained a catastrophic injury, get in touch with a Boynton Beach catastrophic injury lawyer.
Total reviews: 1375 | Average rating: 4.9
denis trupkin
Steven Godla
I cannot say enough great things about Jay London and his outstanding team at Kogan & DiSalvo. From day one, Jay treated me with respect, professionalism, and genuine care. He took the time to explain every step of the process clearly and made sure I felt confident and informed throughout my case.
What truly sets Jay and his team apart is their dedication and responsiveness. Any time I had a question or concern, they were quick to respond and always made me feel like a priority — not just another case file. Their attention to detail, strong communication, and relentless work ethic gave me complete peace of mind.
If you are looking for an attorney who is knowledgeable, trustworthy, and truly fights for his clients, I highly recommend Jay London and the team at Kogan & DiSalvo. They go above and beyond, and I am incredibly grateful for the results and the experience.
Sincerely,
Steven Godla
John Faustin
(Translated by Google) I appreciate the service very much, thank you very much.
(Original)
Mw apresye sèvis la anpil anpil mèsi anpil
John Paulson
Been a pleasurable experience have a wonderful team to assist in the processes of justice
liz leduc
I cannot say enough great things about Charles and Melissa. From start to finish, they were absolutely outstanding in handling my case. Their professionalism, expertise, and attention to detail were exceptional, but what truly set them apart was their genuine care and dedication. They kept me informed every step of the way, answered all my questions with patience and clarity, and made what could have been an overwhelming process feel smooth and manageable. I always felt heard, supported, and confident knowing they were on my side.
Charles was incredibly knowledgeable and strategic. His confidence and expertise gave me peace of mind throughout the entire process. He took the time to explain everything clearly and made sure I fully understood my options, which meant so much to me.
Melissa was equally amazing. She was compassionate, responsive, and always made me feel supported. Her attention to detail and dedication ensured that nothing was overlooked, and her kindness truly made a difference during a stressful time.
Charles and Melissa work seamlessly as a team, and their commitment to achieving the best possible outcome truly shows. If you’re looking for responsive, compassionate, and highly skilled professionals, I wholeheartedly recommend them. I’m incredibly grateful for everything they did for me.
Eddie Worthington
Fantastic staff and attorneys. If my need arises I’ll use them again
Evan Fein
Jessica was extremely helpful & was always there to answer any questions and clear up anything I needed throughout the process. Would 100% recommend to reach out to Kolgan & DiSalvo if you are in an accident!
Eden Ilimaleota
I was in an accident in the beginning of June 2025 and I’ve just received my settlement I couldn’t be more than happy, not only because of the fact that I’m getting money, but truly because this experience, Sam and Brigit have given to me. They were more than professional and they worked so very hard to get me the best number to settle on. They kept me updated every step of the way and I knew how everything was being processed. You’d think this would be another thing added to your plate but they made my life so much easier I never had to reach out to them once they followed up with me after each and every step. I’m soooo grateful to have such an amazing attorney and Sam was the assistant I believe, but she is the glue that kept me satisfied she’s soooo amazing. All in all I am super impressed and hope nothing but the best for this establishment. If I could put 10000 stars I would!!!
Steven Rosa
Their service is fantastic. They asked all the right questions and they give you all the correct answers. The staff and everyone is wonderful thank you very much Stephen Rosa.
jewel hardy
This is really a great law firm, they got me my settlement check before rhe holidays when I thought I would have nothing for my family I would recommend them to anyone thank you an happy holidays.
Royalyn Darby
Kogan & Disalvo did an excellent job. My paralegal, Amanda, was outstanding. I received flowers after surgery, and she was incredibly kind, answered all of my questions as needed, and explained everything in detail.
Vivian C
Excellent team!! Ty for all that was done!!
Dawn Appleton
Sally ,Rachel are helpful in this regard. they are promptly and diligently in their work. I am satisfied with them. and also highly recommend them.
joseph rogers
Todd Baker left no doubt he was going to represent me like a family member. He not only did his duty as a lawyer representing myself and my wife. He made sure that whoever we selected to medically help us were doing the best they could for us. Todd was able to get me more than the insurance company wanted to give out. He was in the nicest manner like a pit bull during the deposition. You can feel safe knowing he is on your side.
Kimaya Diamond
I had an incredible experience with Kogan & DiSalvo, and I’m truly grateful for everything they did for me. From start to finish, they were attentive, patient, and straightforward about every part of the process. They always made sure I understood what was happening, what to expect next, and answered every question I had, no matter how big or small.
Special shoutout to Charles, Melissa, and Ana for going above and beyond. Their professionalism, honesty, and genuine care made a stressful situation so much easier to handle. I always felt supported and never left in the dark. I couldn’t have asked for a better personal injury attorney team. Highly recommend!
SAMMY Carpenter
Hello everyone I’m praying that your life has been pain and stress-free, after my accident kogan and Disalvo has been with me every step of the way. I recommend kogan and Disalvo if you have had an accident don’t try to know call kogan and Disalvo experienced law firm
Jay Schwartz
Charles and Jessica were outstanding!!! They handled our case perfectly!! 5 stars for Logan & DiSalvo!!!
Kristina Popu
Incredible law firm with assessable staff and lawyers just a phone call away. My case was executed in a respectable and timely manner. All details were outlined and organized for me to review before, during and after the whole process. I was kept in the loop and notified of any updates, changes and progress during my case. It does take some time but in the end I would of course use this law firm again!
Rachel Taylor
I had a lot of questions/concerns through this whole process and felt they were very receptive. Staff was also very kind and helpful. Thank you Kogan and Disalvo🙏
kiki simon
Mr. Charles and Jessica did a wonderful job. So dedicated. They keep informed every step of the way. I was well paid for worth. Thank you so much
