Question 1

What should my family do after an airplane accident?

Accepted Answer

After an aviation disaster, prioritize your family's well-being and follow these steps. First, seek medical attention for any injuries, no matter how minor they seem. Preserve any evidence you may have, such as tickets, boarding passes, and any photos or videos from before or after the incident. Avoid speaking with airline or insurance representatives without legal counsel, as they may try to get you to accept a quick, low settlement. It is crucial to contact the National Transportation Safety Board (NTSB) for information and report the incident. Do not sign any documents or accept any compensation before consulting with a lawyer who specializes in aviation law.

Question 2

How do I know if we have an airplane accident case?

Accepted Answer

You may have an airplane accident claim if a loved one was injured or killed due to the negligence of another party. Key elements include: You suffered significant losses (physical injury, emotional trauma, financial loss); There is evidence that a party—such as the airline, pilot, maintenance crew, or manufacturer—was negligent or at fault; and The negligence directly caused the accident and the resulting harm. Aviation accidents are incredibly complex, and determining fault requires a thorough investigation. If you are unsure, it is best to contact us for a free case evaluation.

Question 3

What types of compensation can be recovered after an airplane accident?

Accepted Answer

If you file an airplane accident claim, you can seek "damages" for numerous losses. This includes medical expenses (current and future), lost wages and future earning capacity, and property damage. Critically, it also includes non-economic damages for pain and suffering, emotional distress, trauma, and loss of enjoyment of life. In cases of wrongful death, families can seek compensation for loss of companionship, funeral expenses, and the deceased’s lost future income. In rare cases of extreme negligence, punitive damages may be awarded to punish the at-fault party.

Question 4

How long do we have to file an airplane accident claim?

Accepted Answer

The time limit, known as the statute of limitations, varies by state and the specifics of the case. For domestic flights, you may have two to three years to file a lawsuit. However, for international flights, the timeline is often governed by treaties like the Montreal Convention, which typically sets a two-year deadline. If a government entity is involved (like Air Traffic Control), you may have a much shorter window to file a notice of claim. It is vital to act quickly to preserve your right to compensation.

Question 5

How long does it take to resolve an airplane accident lawsuit?

Accepted Answer

The timeline varies widely based on complexity. A straightforward case with clear liability might settle in a year, but most aviation cases are complex and take longer. Investigations by the NTSB can take 1-2 years alone. The legal process involves extensive discovery, depositions, and expert analysis, which can take several years. While many cases settle before trial, a complex lawsuit involving a major airline or manufacturer could take several years to fully resolve.

Question 6

Who can be held liable in an aviation accident?

Accepted Answer

Unlike a typical car accident, multiple parties can be held liable. This can include: The airline (for negligent hiring, training, or maintenance); The pilot(s) (for operational errors); The aircraft or parts manufacturers (for design or manufacturing defects); The maintenance and repair crews (for improper service); and Government entities like the FAA or Air Traffic Control (for navigational errors or regulatory failures). A thorough investigation by our firm is essential to identify all responsible parties and maximize recovery.

Question 7

What if the accident involved an international flight?

Accepted Answer

Accidents on international flights are governed by international treaties, most notably the Montreal Convention. This treaty establishes rules for airline liability and often provides for strict liability up to a certain monetary threshold, meaning you don't have to prove fault to receive initial compensation. However, claims for damages above that amount still require proving negligence. These cases involve complex jurisdictional issues and require lawyers with specific experience in international aviation law.

Question 8

Do I need a lawyer for my airplane accident claim?

Accepted Answer

While not required, it is highly recommended. Aviation law is a highly specialized, complex field involving federal regulations, international treaties, and complex technical evidence. Airlines and manufacturers have teams of expert lawyers. A lawyer from our network specializing in aviation accidents levels the playing field, handles the investigation, negotiates with powerful corporations, and ensures you pursue the full value of your claim. They work on a contingency fee basis, so there is no upfront cost.

Question 9

Will we have to go to court for our airplane accident claim?

Accepted Answer

Probably not. The vast majority of aviation claims are settled out of court. Airlines and their insurers often prefer to avoid the negative publicity and uncertainty of a public trial. However, if they refuse to offer a fair settlement, your lawyer must be prepared to take the case to court. Filing a lawsuit is a common step to pressure the defendants into a fair negotiation. Our firm will prepare your case for trial to maximize the chances of a favorable settlement.

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Cases we help with

Commercial Airline Crashes

Private & Charter Plane Accidents

Helicopter Accidents

In-Flight Incidents & Injuries

Ground Crew & Airport Accidents

International Aviation Accidents

Common types of airplane accident

Pilot Error

Mechanical Failure

Air Traffic Control (ATC) Negligence

Improper Maintenance or Inspection

Weather-Related Incidents

Defective Parts or Design

Questions and Answers

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