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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.
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:
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.
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.
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.
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: 1204 |
Average rating: 4.9
kathleen guch
Michele Shapiro
George Bakalar is an exceptional hardworking attorney. He always kept me informed. Macy is wonderful, and all the other people working there are very kind and treat a client with respect.
Carol Chapman
Three years ago I had an injury while away on vacation and contacted Kogan and DiSalvo the next day. Their entire team were absolutely great from my initial call and intake, to trial date and settlement.
My attorney, George, helped me through every step of the process. He always kept me informed on the progress of the case and always responded to any questions I had.
I highly recommend Kogan & DiSalvo, a law firm that truly cares about their clients.
Brenda Sacco
The personal care that this office gave me was impeccable and I couldn’t be more appreciative
David Delcid
(Translated by Google) Excellent work they did in the representation of the house, blessings to God 👍👍🇺🇸🇬🇹
(Original)
Excelente Trabajo q icieron en la reprecentacion del casa bendiciones a Dios 👍👍🇺🇸🇬🇹
mirian godinez
Kohan Desalvo is an exemplary professional whose commitment to guiding clients is truly commendable.
Goldyn CEO
The firm was great with my case.
Karen Clarke
I had the pleasure of working with Todd Baker and, more closely, Paul Sylvestri on my case. From the very beginning, Paul was not only thorough and knowledgeable, but also made me feel truly supported. He handled every step with urgency and care, ensuring that the process moved forward efficiently, far faster than I expected, given how long cases like mine can often drag on.
What stood out most was how genuinely I felt treated as a person, not just another case file. I quickly learned that most personal injury law firms make clients feel like they’re just part of a revolving door. That was never the case here. Paul and his team prioritized my well-being and worked hard to ensure I was fairly and fully compensated for my suffering.
Their professionalism, compassion, and commitment made an overwhelming situation much more manageable. I’m incredibly grateful for the outcome and the way I was treated throughout the process. I couldn’t have asked for a better team.
Brent Arnold
Jennifer was amazing throughout the whole process.
carol rodriguez
I was fortunate to be represented by this amazing law firm after a car accident, and I have nothing but gratitude for their work. From the very first contact, they demonstrated professionalism, empathy, and a genuine commitment to resolving my case in the best possible way.
I want to especially highlight Stephany Herrera, who was my first point of contact. From the beginning, she was open, attentive, and truly listened to me. Thanks to her, I was connected with attorney Paul Silvestri, who, along with the entire team, handled my case with excellence, keeping me informed every step of the way.
Thanks to their dedication and hard work, my case was successfully resolved. I highly recommend this firm to anyone in need of legal assistance. Thank you again to the entire team for your support and commitment.
Rachel Wilson
The number one characteristic I liked about this firm was the communication. Every member of team was pleasant to talk to. Having access virtually was awesome with all video explanations about the process. The team worked well together to settle my case. I wish I knew every team members name. Thank You team for your hard work and effort. I can say my medical bills are paid and my case settled. Thanks Again for being a reputable organization.
James Pinto
Absolutely astonishing to work with. Not only has every question I’ve asked been answered, everyone has made everything in the process very pleasing!
Scott Solomon
My wife and I were in a major accident. After the accident one of our big worries was our medical bills. Sam at Kogan and DiSalvo coordinated with our Drs to assure coverage and put our minds at rest. I had to have surgery which thankfully went well. I was very happy to not have any unanswered concerns during that time. The person who hit us blamed us for the accident but our dash camera showed them at fault. Tiffany our Rockstar of a lawyer proved them at fault and leveraged the insurance for the maximum settlement. She then went after our under/uninsured coverage and fought for a settlement that we could never have dreamed of. Never a doubt Tiffany and the team of Kogan and DiSalvo are the lawyers that you want on your side. Thank you again.
Alan9095 Jones
This farm is absolutely great !!!
Juan
I appreciate the great service. the 100% professional Di Salvo lawyers provided me, Monica. Thank you for being of great help to me. Thank you for the Service provided to me. 300%%% Recommendation..Una ves mas Gracias Monica y demas.Staf Att Juan
Dawn M.
Trust the Process – Outstanding Team, Remarkable Results
Working with Kogan & DiSalvo was one of the best decisions I could’ve made—and a huge part of that was thanks to Tiffany Fanelli. From start to finish, she and the team were knowledgeable, responsive, and genuinely committed to helping me through every step of the legal process.
You really have to trust the process. It can be slow, and at times, it might feel like nothing is happening—but behind the scenes, your team is working hard. If you have questions, ask. If you’re not sure what to do, ask. That open communication made all the difference for me, and it helped me stay informed and confident the entire way through.
I can’t thank Tiffany and the firm enough for their hard work and support. Their patience, professionalism, and attention to detail led to an outcome that exceeded my expectations.
One more thing—if you don’t have UM (Uninsured/Underinsured Motorist) coverage, get it. Too many drivers out there are uninsured, and protecting yourself with UM coverage is essential. I’ve learned how crucial it is, and I hope others will too.
Highly recommend Kogan & DiSalvo, and especially Tiffany Fanelli, for anyone needing a reliable and compassionate legal team. Thank you all for All your hard work.
Titus Travis
Rachel and Leslie are great awesome lawyers they went every step of the way
with me from the first step to the last and to the bank thank you Leslie and Richard for all your hard work!!
david Riggsby
They are great I’m so glad that I called them. Also I can’t believe that they settled my case so quickly. I would highly recommend them and I will use them in the future.
Debra Cuevas
My Attorney at Kogan and DiSalvo were exceptional in my accident case. They were very straightforward about the possible outcomes and always seemed to be one step ahead in planning and strategizing for the next step. The paralegal staff was also courteous and prompt in their responses and kept me up to date. I am grateful for their services.
Steve Hacker
This firm , the attorneys and paralegals epitomize professionalism, ethics and intelligence.
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