Frequently Asked Questions

Amidst the turmoil and confusion immediately resulting from an aviation disaster, it is usually difficult for victims and their families to fully grasp the reality of their situation. Suddenly, they find themselves faced with questions they never could have anticipated and not knowing where to find reliable, trustworthy answers. In the weeks and months following the disaster, these questions usually only grow in number, becoming more complex and specific.

The following are some of the general questions most commonly asked by those whose lives have been affected by aviation disasters. For answers to your specific questions or an evaluation of your case, please consult with a qualified aviation litigation attorney.

• Why Did This Tragedy Occur?
• Is It Necessary for Me to Hire an Attorney Following an Aviation Disaster?
• What Is the Statute of Repose?
• Does the NTSB Offer Any Assistance to Airline Accident Victims and Their Families?
• What Are My Options If My Loved One Was Traveling on an International Flight at the Time of the Accident?
• Are There Cases in Which the Federal Government Can Be Held Liable in an Aviation Accident?
• What Are the Costs Involved in Consulting With an Attorney?

Why Did This Tragedy Occur?

The causes of aviation disasters are many and varied. Certainly, accidents can occur due to human error, often a tragic mistake or set of mistakes committed by a pilot, members of the maintenance crew, air traffic control personnel, or someone else professionally involved with the airline industry. The failure to provide proper maintenance and to conduct routine inspections of an aircraft and its equipment can also contribute to an accident. Tragically, many accidents result from manufacturing defects and equipment malfunction. While aircraft manufacturers are supposed to hold their products to the most rigorous standards of safety and quality, some fail to do so. As a result, some aircraft are simply predisposed to be unsafe in flight, while others lack the structural strength to withstand the impact of a crash should one occur.

Most aviation accidents occur as a result of negligence, defective parts or equipment, or some combination of the two. Some accidents, however, may be the result of flagrant violation of FAA regulations and other wrongful, sometimes criminal, acts.

Is It Necessary for Me to Hire an Attorney Following an Aviation Disaster?

Whether you intend to pursue legal action or not, it is always a good idea to consult with an attorney following an aviation disaster. An experienced legal counselor can explain your rights and help you to make informed decisions regarding your options, including the option not to take further action. Sadly, many of those affected by aviation disasters do not fully understand their rights and therefore risk forfeiting them altogether. Others accept unreasonably low settlements from the airline's insurance representatives for the sake of convenience, often to discover after the fact that the compensation they received did not sufficiently cover their damages.

If you decide to seek restitution, damages, and unbiased answers to your questions regarding the accident, then you should hire an attorney with experience specifically in aviation accident cases. Because these cases are almost always complex and require highly specialized knowledge, it is important that you retain an attorney who has an established record of success in aviation litigation.

Even if you decide not to pursue legal action, most reputable aviation accident attorneys will advise you of the resources available to you and direct you to the appropriate support services.

What Is the Statute of Repose?

In aviation litigation, the statute of repose limits the time in which a lawsuit can be filed with relation to how long an airplane or its constituent parts have been in service. The statute of repose will vary from jurisdiction to jurisdiction.

Does the NTSB Offer Any Assistance to Airline Accident Victims and Their Families?

The NTSB does offer a number of valuable services for airline accident victims and their families through its Office of Transportation Disaster Assistance. This department of the NTSB coordinates disaster and family counseling, forensic services, translation services, Family Assistance Centers (FACs), and several other vital services. Although the Office of Transportation Disaster Assistance may certainly provide some assistance to you in your time of need, it is important to keep in mind that, like all government agencies, it will not represent your personal interests against the airline or manufacturers of airline equipment.

For further information about the NTSB and other federal agencies often involved in aviation disasters, please consult the Government Agencies page of this web site.

What Are My Options If My Loved One Was Traveling on an International Flight at the Time of the Accident?

Laws regarding aviation accidents that occur on international flights are governed primarily by the Warsaw Convention and the more recent Intercarrier Agreement. The Warsaw Convention treaty, ratified by the United States in 1934, established the first important laws pertaining to international aviation. It effectively limited the amount of compensation aviation accident victims were eligible to receive by establishing a maximum liability level for airlines. This maximum varied according to the victim's country of residence and the general economy, but it remained at a mere $75,000 in the United States until 1997. The only way to circumvent the liability limit was to demonstrate that the airline was guilty of "willful misconduct." In 1974, the law firm of Magaña, Cathcart & McCarthy was the first to successfully present evidence of willful misconduct when they handled the case of Pan Am flight 707, which crashed in Pago Pago, American Samoa.

In 1997, the Intercarrier Agreement supplanted the Warsaw Convention in an attempt to rectify some of the latter's shortcomings. This agreement allows passengers on international flights to sue for damages equivalent to those awarded in cases involving domestic flights. It is important to note, however, that one tenet of the Warsaw Convention is still in effect. While passengers on domestic flights are sometimes able to file civil lawsuits for emotional damages only, passengers on international flights cannot sue for emotional damages unless physical injury also occurred as a result of the accident.

Are There Cases in Which the Federal Government Can Be Held Liable in an Aviation Accident?

The Federal Aviation Administration is responsible for controlling air traffic in the United States through its Air Traffic Control (ATC) system. In cases of mid-air collisions, it must be determined whether the ATC performed its duties competently. If it is proven that negligence on the part of ATC personnel contributed to the accident, the ATC may be held liable for any damages that result.

What Are the Costs Involved in Consulting With an Attorney?

Reputable aviation accident attorneys will never charge you a fee to answer your questions and evaluate your case, nor will they pressure you into retaining their services. Indeed, many attorneys who lack experience in aviation disaster cases will refer your case to more qualified legal counselors. Almost all aviation accident attorneys offer their services on a contingency basis, meaning that they will not charge an attorney's fee unless you recover damages either through verdict or settlement. This fee usually represents a flat percentage of your recovery as agreed upon prior to litigation. There may be other expenses involved in your case for which you are responsible; however, you will have the opportunity to discuss all fee arrangements at your initial consultation with an attorney.