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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: 1336 | Average rating: 4.9
joseph rogers
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
Webert Cyrius
Charles Bowen is my attorney and Melissa Montoya is my paralegal, and I couldn’t have asked for a better team to represent me. I was dealing with a difficult situation after someone hit my car and injured me, but they made the entire process smooth and stress-free. They were professional, responsive, and truly cared about my well-being. Charles fought hard for my case, and Melissa was always available to answer my questions and keep me updated. I’m extremely grateful for their hard work and dedication. I highly recommend them to anyone who needs strong and compassionate legal representation.
Maureen Robinson
I highly recommend Kogan & DiSalvo P.A..
Darryl Kogan personally called me back himself . He could not have been more professional and nicer to me .Especially since I was at an all time low after my car accident. Sam , the legal assistant always called me back and kept me up to date on what was going on .
Tereina Stidd
I was bowled over by the level of service I received. This firm is top-notch. I was in a terrible accident and the individual who hit me threatened a lawsuit. I called my contact here and they handled EVERYTHING! The icing on the cake – I’m walking away with some cash! They exceeded my expectations and fought for me every step of the way. HIGHLY recommend!
Rachel S
After being in a very unfortunate situation, I was lucky to have help from Kogan and DiSalvo. They worked hard on my case and did everything they could for me. I’m grateful for the entire team’s dedication to get me help in a timely manner. Monica was great with communication and processing time. I even referred a family member to them because I trust them so much. Thank you to everyone who helped!
JoAnn Bradshaw
The staff is awesome !!! I used Charles Bowen attorney and his legal assistant Nancy Fernandez
MIke Lippa
Lulu and Rachel were very helpful and moving this case along this is the second time that I use Coogan and Desalvo and I am very satisfied and would highly recommend them.
Maria
Trust The Process
Cristal Cardenas
Thank you for assisting me with the accident and prompt service.
Charity Johnson
Extremely happy with this firm. They fought for me after I was hurt at a negligible day spa. They were able to get me more than I was hoping for. I recommend them 100%! Not to mention, the care and customer service was always excellent! Angela Martiuk was a doll and so helpful through the whole process, 5 stars for this firm!
Alejandra Lopez
Very professional staff! Highly recommend to all my friends and family! Ana was very helpful in our process.
Rigoberto Castillo
Great firm ! Great customer service and great overall experience
Ría Grossman
Maria went above and beyond during a very difficult time.
Stan Flaum
Very efficient and professional. People are always friendly and knowledgeable
