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.
Florida follows the principle of pure comparative negligence, which apportions fault between the parties to an accident. This law is designed to recognize that, in some cases, more than one party’s negligence causes or contributes to an accident. As a result, if a plaintiff was 40 percent at fault, his or her recovery will be limited by that amount. In other words, that plaintiff will be able to take home 60 percent of the total damages award. There is no cap on this rule, meaning a plaintiff can recover damages even if he or she was 90 percent at fault.
The amount of compensation that an injured party will be entitled to receive in a particular case will depend on the nature of the injuries and losses suffered. Generally, a plaintiff will be able to recover compensation for medical expenses, rehabilitation costs, pain and suffering, property damage, lost wages, and any other losses stemming from the accident.
If you have suffered a diaphragm injury in a car accident, you should strongly consider reaching out to a skilled Miami injury attorney who can help. At our Law Offices, we have represented many Florida clients who have been injured in auto accidents caused by someone else’s negligence, and we can help you as well. You can rest assured that we will make every effort to get you the full and fair compensation you deserve for your harm. For a free case evaluation, call us at 1-877-499-HURT (4878) or reach out to us online today.
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