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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: 1066 |
Average rating: 4.9
Highly recommend Daryl Kogan! Extremely helpful and patience with all my questions. If you are need of a law firm that is excellent at what they do look no further!
The professionalism inherent in my experience with Attorney Todd Baker and his staff (Debra in particular) was quite commendable. From the initial contact there existed an easy platform for remarkable communications. All calls were answered promptly and explanations were given clearly with much empathy.
Without hesitation I strongly recommend this Firm.
(Translated by Google) Thank you for your collaboration, I recommend you 100%, very good work and communication, thank you
(Original)
Gracias por la colaboracion los recomiendo 100 x 100 muy buen trabajo I comunicacion gracias
Prompt, courteous, and helpful
Samantha juerkhen was the best she helped me ever time I was in pain and
Needed help with paper work anything she’s really the best second to none one the best paralegal in town easly to talk to Samantha actually care about her clients and understand people she’s was blessing to me. Jeremy Nixon thank Samantha
Kogan and Disalvo are truly amazing! They were able to settle our case quickly and efficiently! I highly recommend using them for any accident injury lawyer. Thank you!!
Great experience, everyone so kind and helpful
Jay and Gisselle were very courteous and professional. They handled our case in a timely manner and was successfully handled with our situation. I highly recommend them.
They are amazing, they have answered all my questions. Never too busy to answer your call. I would not go anywhere else for help.
Jay London is amazing!!! Very attentive and direct. He tells you how it is straight forward which I appreciated so much. Thank you so much Jay for all your hard work and helping me the compensation that I truly deserve.
they handled my case very well, and i’m happy with the outcome!
Everyone was very nice/professional and attentive to answering questions. Very satisfied with my case outcome.
Both Jay and Jessica were helpful and easy to work with. Entire staff appears professional and friendly. An experience that could have been difficult was not. I am happy to recommend Kogan & DiSalvo!
I’m truly grateful for the job well done. It was a great firm to work with. They kept me update on the process from start to finish. I truly recommend them.
Great attorneys and staff! Lauren and Attorney Collins took great care of everything. Incredible experience with Kogan & DiSalvo contact them for a hassle free experience!
Highly recommended!
I cannot express enough gratitude for the exceptional service I received from Kogan & DiSalvo. From start to finish, Todd Baker and Deborah played pivotal roles in the success of my case. Todd’s expertise and clear communication gave me confidence throughout the entire process. He truly went above and beyond to ensure my case was handled with the utmost care and professionalism. Deborah was equally amazing, always providing timely updates and addressing any concerns I had along the way.
Together, they made a stressful situation feel much more manageable, and I could tell they genuinely cared about my well-being. Thanks to their dedication and hard work, my case was resolved successfully, and I couldn’t be more satisfied with the outcome. If you’re in need of personal injury lawyers who truly put their clients first, I highly recommend Kogan & DiSalvo.
The team, I must say are very knowledgeable and straightforward. I was well informed throughout the process and told me exactly what to expect;and communicated with me frequently with updates and made my experience an unforgettable one and appreciative…so thank you again eveyone..
10/10 law firm definitely recommending.
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