Airplane crashes and all aviation accidents cause significant injuries and death. These are serious matters.
If you suffered injuries in an aircraft accident, or if you lost a loved one in a crash, there are several different potential sources of liability and compensation. Air crashes are very complicated cases. There is a lot for you to do to get this right. You will benefit from reading the information on this page. Good information helps you make smart decisions.
Compensation for Injuries and Death
Three types of legal actions may apply in the case of an aviation accident. If you receive injuries in a crash, you have a personal injury case. If you lost a loved one in an accident, compensation may be recovered in a wrongful death action. If the airplane passenger was commuting as part of their job, an L&I claim will be part of the equation. L&I benefit with a death will include a possible widow’s pension. Money recovery is different in the three types of cases.
In a personal injury case, the compensation you can recover is for:
- Medical and hospital expenses
- Future medical care and treatment
- Lost income
- Lost earning capacity
- Pain, suffering and inconvenience
- Permanent injuries or disability
In a wrongful death accident, the estate and beneficiaries can recover only for:
- Funeral and burial expenses
- Medical expenses and pain and suffering of the deceased person, if death was not immediate
- Each individual beneficiary’s own pain and suffering, loss of care, and loss of companionship, and lost future financial support
In an L&I case, the benefits include:
- Time Loss – Wage replacement while you are off work because of your on-the-job injury.
- Medical Treatment – Medical and mental health care for your injuries.
- Permanent Partial Disability – Settlement money for your existing disabilities at case closure.
- Job Training – Schooling and on-the-job training if you need a new career.
- Lifetime Pension or Widow’s Pension – Lifetime payments if you will never work again or payments to your spouse if you die because of your job injury.
Types of Aviation Accidents
If it flies, it can crash – never with a good result. An aviation crash can occur in many different contexts.
- Major commercial airline travel
- Air ambulance services
- Aerial firefighting
- Search and rescue operations
- Flight instruction
- Gliders/sailplanes
- Helicopter logging
- Aerial sightseeing
- Floatplanes
- Charter aircraft flights
- Recreational aviation (sky diving, hang gliding, hot air ballooning)
- Helicopter skiing
- Drone accidents
- Air shows and flying events
- Movie and TV filming
Causes of Aircraft Crashes
Aviation accidents occur for different reasons. Sometimes there is a single cause. Other times, there is a combination of several different causes. The possibilities include:
- Weather and visibility problems
- Pilot error
- Air traffic controller error
- Defective aircraft and aircraft parts
- Maintenance or repair issues
- Violations of laws and regulations
Determining an aviation crash’s cause — or causes — involves complex analysis and evaluation. Finding the cause will significantly assist in the determination of who is liable.
Liability for Aviation Accidents
The Federal Aviation Administration (FAA) regulates aviation, including pilot conduct and safety standards. The FAA also regulates aircraft manufacturers. The National Transportation Safety Board (NTSB) investigates aviation accidents and recommends safety standards to prevent accidents.
Failure to meet regulatory and industry standards may impose liability on an airline, a plane manufacturer, or a maintenance supplier. Depending on the circumstances and cause of an accident, several different parties may be liable and legally required to compensate the victims:
- Aircraft manufacturer
- Maintenance companies
- Parts suppliers
- Airline
- Pilot
- Event sponsor for recreational events
- Federal government
In an aviation accident, federal, state, and even international law issues can arise. Determining which laws apply and which parties may be liable requires a knowledgeable attorney and substantial investigation.
Should I Talk with a Lawyer?
Injuries from an aviation accident are extreme and severe. The harm and suffering can be lifelong and life-ending. Negative impacts are not only physical but also emotional and psychological. Due to the nature and severity of the injuries, compensation for an aviation accident injury can be substantial.
Whether you suffered injuries or lost a loved one, you should not try to settle a claim from an aviation accident without expert advice. Determining the theories of liability and potentially responsible parties requires experience. So does making them pay the full amount you deserve.
In an aircraft accident, more than one big insurance company will likely be involved. They don’t want to pay you what you deserve. You shouldn’t talk with them if you are going to hire a lawyer. When they contact you, tell them to contact your lawyer.
Whatever the circumstances of your accident, you are entitled to full money recovery for your injury or loss. The best way to get a fair settlement is to consult with experienced attorneys and let your attorney deal with the insurance companies. Your attorney will file a lawsuit if the insurance companies don’t offer a full settlement.
Get a free consultation and case evaluation. You don’t have to hire an aviation attorney for a free consultation—just call. There’s no charge to talk, and consultations are always free.
