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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: 1337 | Average rating: 4.9
Perla Ramirez
Jennifer Calderon
Heather is great, her level of service shows how amazing she must treat her clients!
Desi Wolff Music
Thanks to Tiffany and her team I was able to find some sort of justice in a very bad situation I was put in. They really fought for me and made wide decisions/moves for a successful outcome. Would use them again time and time again. Than you!
Raumig Tosar
(Translated by Google) They are very professional in what they do and I am very happy with the treatment and the results.
(Original)
Son muy profesionales en lo que hacen y estoy muy feliz del trato y de los resultados.
Joseph Sodano
I was in a motorcycle accident and thanks to Jennifer and Charles I was able to recoup and get all the legal help I need. Without them I don’t know what I would have done. Once again thank you so much for all the help!
ellen koteff
Every single person I dealt with at Kogan & DiSalvo, PA was professional and empathetic. I worked primarily with the team of Rachel Schrager, Esq. and Amanda Hudson, and they were terrific at keeping me in the loop, and they updated me every inch of the way. They also delivered on every promise, but they never over promised. They didn’t have to because from the get go I felt very comfortable, and I knew they would do the best job they could…and they didn’t disappoint.
Riana Jasmin
If I had the option of choosing another firm, I would choose Kogan & DiSalvo 1000x over! The team’s efficiency, professionalism and patience was absolutely top tier. There was clear communication throughout the duration of my case and they went to ends meet to ensure I secured a positive amount in my pockets. I want to thank all my attorneys, Jessica , Charles and their associates for ensuring that mine and my brother’s motor vehicle accident case, which is usually a headache to many, was a smooth and orderly process!
Jay Newman
This law firm handled my car accident case. They were very professional and conscientious in handling this life altering accident. The case achieved a very favorable outcome which in itself will be life altering and perhaps make up for the physical changes that have occurred. They were with me (Todd Baker, esq. and his staff including Amahnia) were involved from the start and helped navigate through my treatments and surgery. They handled ‘soup to nuts’ the entire case and did all the heavy lifting. I am very pleased and would not hesitate to recommend them.
Bernardo García Yanes
(Translated by Google) They have provided me with very good services. I am super happy with their work.
(Original)
Muy buenos servicios me han brindado estoy super contento con su trabajo
Eric Wallace
Great law firm. Perfect communication. Everything was handled professionally and quickly thank you again
Dareen Michelle Hernandez niño
(Translated by Google) Excellent service and Elisabeth Lebron is a very good person, very attentive, and very helpful.
(Original)
Un excelente servicio y elisabeth lebron es una muy buena persona, muy atenta ,ayuda mucho
Godess
I’m very pleased with what the work done Charles bomen I was vey pleased and definitely recommend going to Charles cause he will not disappoint thank you again.
Lucy Librizzi
I would like to thank my attorney Jay London and his paralegals Heather and Mandy for taking care of my case after my motor vehicle accident. They made it easy to handle my case and dealing with my insurance company. I will always be grateful for your help.
Thanks.
Lucy
Chris Valentine
It’s never a good experience when you’re involved in an accident. But when a firm believes in you and continues to represent your case diligently and guides you legally through the process no matter the end result you feel you entered the process with a great team.
Don’t hesitate to call and ask “ can you help me?” You will get a fair evaluation and excellent representation.
CVG
Master Group Inc
My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks
eric bronsveld
I couldn’t be happier with the way Kogan and DiSalvo handled my case from day one until its resolution. My attorney was always available and I was kept up to date throughout the process. The entire staff was professional, thorough, and empathetic to my feelings and concerns. They fought for what was fair and right. That’s all I asked for and that’s what they delivered. I wish to express my gratitude and say that choosing this firm would never be a mistake if you are in need of a good attorney.
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.
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.
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
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