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Boynton Beach Catastrophic Injury Lawyer

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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?

Firefighters and EMTs loading an injured driver onto a stretcher next to a flipped-over car

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 lawCatastrophic 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?

Vignette view of a courtroom from the judge's bench with a gavel in the foreground

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?

Exterior of a building with a sign reading "Hospital"

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

The attorneys at Kogan & DiSalvo in front of their office building

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: 1222 |

Average rating: 4.9

5

I’m so grateful for the incredible support and guidance I received from Brian after a terrible car accident. He handled everything with professionalism and compassion, always keeping me informed and fighting for what I deserved. Thanks to his hard work, I received a great settlement. I couldn’t have asked for a better advocate—highly recommend!

5

After my vehicle was rear ended and totaled. I reached out to Brian Andino for all my legal concerns. Mr.Andino was phenomenal, he answered all my questions and kept constant communication through my 15 month ordeal. I highly recommend Brian for anyone looking for honest attorney.

5

Great law firm. Perfect communication. Everything was handled professionally and quickly thank you again

5

They are dedicated and helpful

5

(Translated by Google) Excellent service and Elisabeth Lebron is a very good person, very attentive, and very helpful.

(Original)
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5

Everyone I worked with at the firm was professional and knowledgeable. I was happy with the results of my claim. I would certainly recommend you employ their services if needed.

5

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.

4

Brian and Mia were great! They cared about what I was going through… always there to answer any questions I might have had!

5

The was very professional and willing to work with you and make show you get what you deserve.

5

Great experience all around from my attorney Paul! Gave me information about the whole experience and kept me updated throughout the process until my case was closed! Highly recommend!

5

Jay London is the absolute best lawyer I have ever had!!!

5

Quickly and fast respond, very good lawyer and friendly responding all my questions and all time be available to help in anything, also the first lawyer give you he personal cell number to respond you even in text messages thank you Paul Silvestri for get me 50k

5

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

5

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

5

We had a wonderful experience with Kogan & DiSalvo. They were extremely professional, knowledgeable and supportive during the entire process. They kept us informed every step of the way and were able to settle our case quickly. Should you be in need of a personal injury attorney, we highly recommend them.

5

They were kind and knowledgeable.
They worked diligently on my case and obtained a fair settlement for me.

5

I am so happy that I decided to go with Kogan and DiSalvo. They always kept me up to date and delivered on their promises. The staff was very kind and helpful, and my lawyer was extremely intelligent and fought hard to get me the most I was able to. Going with this law firm was the best decision I ever could have made

5

I had the opportunity to work with Rachel Schrager, George M. Bakalar and Amanda (paralegal) following a serious accident, and I cannot recommend them highly enough.
Rachel took the time to understand the nuance of my situation.
Throughout the process, communication was excellent. I was kept informed at every stage, and all my questions were answered promptly and clearly.
Most importantly, diligence and persistence led to a favorable outcome in my case.
If you’re looking for a personal injury lawyer who is knowledgeable and experienced, call Kogan and DiSalvo.

5

My attorney was Ms. Rachel Schrager, and miss Lulu Ferrer from Kogan & DiSalvo. Help me with my case. Nice easy and Quick. Thanks

5

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.

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