Articles Posted in Serious Injuries

Car accidents can lead to a number of serious and long-term injuries, such as chest injuries. If you have suffered a serious diaphragm injury in a Florida car accident, it is critical to attain the immediate assistance of an experienced Miami car accident attorney. At our Law Offices, our team understands what you are going through and can help you in the aftermath of a serious car accident.

The diaphragm is the muscle that separates the chest (thoracic) cavity from the abdomen. It is the main muscle of respiration and plays a major role in breathing, since its contraction increases the volume of the thorax and thus inflates the lungs. Diaphragmatic trauma typically results from penetrating or blunt trauma, with about 80 or 90 percent of blunt diaphragmatic ruptures being due to car accidents. These injuries often require surgical repair. Symptoms of traumatic diaphragmatic injuries may include the following:  abdominal pain and discomfort, difficulty breathing or shortness of breath, chest pain over the sternum or upper abdomen, rapid heart rate, and shallow breathing.

If you or someone close to you has suffered a diaphragm injury in an accident that was not your fault, you may be able to recover damages through a negligence claim. Negligence is a legal concept used to determine fault in personal injury claims. Under Florida law, negligence occurs when a person fails to exercise reasonable care, thereby causing an injury, death, or property damage to another individual. Reasonable care denotes the level of care that a prudent person would have used in the same or similar circumstances. In other words, using reasonable care means engaging in conduct that does not create an excessive risk of harm to others.

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The reality is that many individuals, at some point in their lives, may experience injuries resulting from accidents. Whether it is through a car crash, a pedestrian accident, or a slip and fall, when these types of accidents take place, determining liability can be complicated. There are many complex legal theories that may be applicable. At the Law Offices of Robert Dixon, our experienced Miami injury attorneys can analyze the facts of your case and determine whether you may be entitled to compensation for your harm.

When a person is injured in an accident due to the fault of another party, the injured person can typically file a negligence claim against the at-fault party. Negligence is a failure to exercise reasonable care in one’s actions or omissions. Reasonable care is defined as how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must demonstrate that the defendant owed them a duty of care, that the defendant breached the duty of care owed to the plaintiff, and that the defendant’s breach was a direct cause of the plaintiff’s harm.

The eggshell skull doctrine, also referred to as the eggshell plaintiff rule, is a legal theory that holds an individual legally liable for the full extent of damages sustained by a plaintiff, even if the degree of harm suffered was more than what would typically be suffered by the average person. Put another way, the eggshell doctrine states that a defendant must take a victim as he or she is, and that victim’s sensitivity or frailty is not a defense. The important principle behind this rule is the recognition that the same accident may affect different individuals in different ways.

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