Pneumothorax collapsed lung accident attorney

A pneumothorax is air trapped between the lung and the chest wall, causing the lung to collapse. In its tension form, where pressure builds and compresses the heart and the other lung, it is immediately life-threatening. Even after successful treatment, the consequences can include lasting chest pain, reduced exercise tolerance and an increased risk of recurrence. Law Offices Of SRIS, P.C. handles catastrophic injury claims in Virginia, Maryland, the District of Columbia, New Jersey and New York.

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What the imaging and records show

Chest radiography identifies most pneumothoraces; CT is more sensitive and detects small collections that plain films miss, along with the associated injuries that commonly accompany them — rib fractures, lung contusion, blood in the chest cavity. The imaging also documents the size of the collection and any shift of the structures in the middle of the chest, which indicates the tension form. Follow-up imaging documents re-expansion and any persistent air leak.

Why this injury meets the legal threshold

A radiologically confirmed pneumothorax is objective injury, and chest drainage or surgery establishes severity through the intervention. Where a tension pneumothorax required emergency decompression, the urgency itself documents the seriousness. Pulmonary function testing documents any lasting respiratory consequence.

Typical treatment course and prognosis

Small collections may be observed with repeat imaging and oxygen. Larger ones require a chest drain to evacuate the air and allow re-expansion, which involves a tube through the chest wall and a hospital stay. Persistent air leak may require surgery. Recognized consequences include chest wall pain at the drain site, adhesions, reduced exercise tolerance, and an increased risk of a further pneumothorax — which has practical implications for flying, diving and some occupations.

How these claims are contested

By pointing to full re-expansion on follow-up imaging as proof of complete recovery. By attributing continuing breathlessness to smoking, pre-existing lung disease or deconditioning. By characterizing drain-site pain as minor. The response is pulmonary function testing where breathlessness persists, documentation of the drain site and its symptoms, and evidence of any activity or occupational restriction arising from recurrence risk.

Proving the accident caused it

The mechanism is usually clear — rib fractures penetrating the lung, blunt chest trauma, or a penetrating injury. Ensure the associated injuries were fully assessed, since pneumothorax rarely occurs alone. Where breathlessness or chest pain persists beyond the expected recovery, obtain formal assessment rather than allowing it to be attributed to fitness. Document any restriction on flying, diving or occupation arising from recurrence risk.

Available insurance coverage

What can be recovered is limited by what coverage exists. The at-fault party’s policy is the starting point, but it is frequently not the only source: the injured person’s own uninsured and underinsured motorist coverage, household policies, employer coverage where a vehicle was used for work, umbrella and excess layers, and the coverage of any additional responsible party can all apply. Underinsured coverage typically requires notice and consent before any settlement with the at-fault party — settling first can forfeit it. Identifying every available layer is early work, not closing work.

How damages are categorised and proven

Damages are not a single number that gets negotiated. They are separate categories, each proven by different evidence. Past medical expense is proven by billing records and the reasonableness of the charges. Future medical expense requires a physician’s opinion that the care is reasonably certain to be needed. Lost income is proven by employment and tax records; lost earning capacity is a different and larger question requiring vocational and economic analysis. Non-economic loss — pain, limitation, and the effect on daily life — is proven through the medical record and through testimony from people who can describe specific changes rather than general decline. No one can responsibly tell you what a case is worth before that evidence exists, and any figure offered at the outset is a guess.

Filing deadlines

Every injury claim is governed by a statute of limitations, and the periods differ by state and by claim type. For personal injury actions the period is two years in Virginia under Va. Code § 8.01-243(A), accruing at the date of injury; three years in Maryland under Md. Code, Cts. & Jud. Proc. § 5-101; three years in the District of Columbia under D.C. Code § 12-301(8); two years in New Jersey under N.J.S.A. 2A:14-2; and three years in New York under N.Y. C.P.L.R. § 214(5). These are general periods. Discovery rules, tolling for minors and incapacity, claims against government entities — the District imposes a six-month notice-of-claim requirement for claims against the District government — and claim-specific statutes can shorten or extend them. Do not rely on a general period for your own case; have the deadline confirmed on your facts.

Frequently Asked Questions

What is a pneumothorax?

Air trapped in the space between the lung and the chest wall, which prevents the lung from expanding properly and causes it to collapse partially or completely. After trauma it is usually caused by a rib fracture penetrating the lung or by blunt force injuring the lung tissue.

What makes it a tension pneumothorax?

Air continues to enter the space with each breath but cannot escape, so pressure builds until it compresses the heart and the other lung. It is immediately life-threatening and requires emergency decompression. Where this occurred, the records document a genuine emergency rather than a routine chest injury.

What does a chest drain involve?

A tube inserted through the chest wall into the space around the lung to evacuate the air and allow re-expansion, connected to a drainage system and left in place until the leak seals. It requires a hospital stay, it is painful, and it leaves a scar at the insertion site that can remain tender.

My lung re-expanded. Why do I still have symptoms?

Chest pain at the drain site, adhesions between the lung and chest wall, and reduced exercise tolerance are recognized consequences even after complete re-expansion. Where breathlessness persists, pulmonary function testing documents it objectively rather than leaving it to be attributed to fitness.

Can it happen again?

There is an increased risk of a further pneumothorax after one has occurred, which has practical consequences. Flying, diving and some occupations may need to be discussed with your physician. That ongoing restriction and the monitoring it requires belong in the claim.

Should other injuries have been checked?

Yes. A traumatic pneumothorax rarely occurs alone — rib fractures, lung contusion, blood in the chest cavity and injuries to the abdominal organs beneath the lower ribs commonly accompany it. If you have symptoms that have not been explained, raise them specifically with your physicians.

Will this affect my work?

It can, particularly where the work involves heavy exertion, altitude, pressurised environments or diving. Where exercise tolerance is reduced or recurrence risk imposes restrictions, that should be documented by your physician as formal limitations rather than described generally.

How long do I have to bring a claim?

Two years in Virginia and New Jersey, three years in Maryland, the District of Columbia and New York for personal injury actions, subject to tolling and to shorter notice requirements where a government entity is involved. Confirm the deadline on your own facts.

About Mr. Sris

Mr. Sris is the owner and founder of Law Offices Of SRIS, P.C., which has practiced since 1997. He is a former prosecutor and is admitted in Virginia, Maryland, the District of Columbia, New Jersey and New York. Of Counsel attorneys contract directly with the firm and handle matters alongside him. In 2019 Mr. Sris testified before the Virginia House Courts of Justice Committee on House Bill 635.

Speak with Mr. Sris

Injury claims are governed by filing deadlines that vary by state and by claim type, and evidence degrades quickly. Request a consultation. Reach our location at (888) 437-7747. Consultations are by appointment.

Last reviewed: August 22, 2026.

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