What To Do After an Accident

It is critical to act expeditiously after an aircraft accident! If someone you love has been injured or killed in an aviation accident, the most reliable resource available to you is a qualified, experienced aviation attorney. An attorney with experience in aviation law can help you to understand, preserve and assert your legal rights and the rights of the victim following the disaster. Such an attorney will know which experts to consult and all of the expenses involved in litigation. Reputable law firms will provide analysis of your case and clear explanations of your legal options at no cost or obligation to you. They will help you to pursue your case against the party or parties responsible for the accident, working toward an agreeable settlement if possible, and taking a case to trial when necessary. By proceeding with legal action, your aviation litigation attorney works not only toward securing fair compensation on behalf of you and your loved one, but also toward ensuring that similar tragedies might be prevented in the future.

Personal Injury and Wrongful Death Claims for Aviation Accidents

Each aviation accident is characterized by a unique set of circumstances. Most personal injury and wrongful death claims resulting from aviation accidents are predicated upon the theories of negligence, product liability, or some combination of the two. Because air travel is regulated by the Federal Aviation Administration (FAA), specific federal aviation regulations may affect personal injury and wrongful death claims and experienced aviation attorneys are able to navigate the myriad complexities of these laws.

Simply defined, negligence refers to the failure to exercise the due care that a reasonable person would exercise in a similar situation. Negligence can also be doing something that a reasonable person would not. Pilots, airline maintenance providers, major airlines, and other relevant parties may be found negligent when damages result from their failure to protect passengers from foreseeable risks.

Under the theory of product liability, any or all of the parties involved in the design, manufacture, or sale of a defective product may be held liable for any damages that result from that defect. To pursue legal action against any of these parties, the plaintiff must be able to demonstrate that the defective product did indeed contribute to the aviation accident. There are three basic types of product liability, all of which are detailed on the Causes & Liability page of this Website.

Wrongful death cases are always complex, particularly when a death was the result of an aviation accident. Questions often arise as to which state or nation’s laws apply. Answers depend upon place of the accident, domicile of passengers, heirs, and defendants, and other factors courts often take into account. Damages can vary between what is awarded in federal court or state court. Apportionment of damages amongst the heirs must be dealt with. Qualified and experienced aviation attorneys have the ability and background to handle the complex area or wrongful death aircraft accident litigation.

Damages

Damages that can be recovered following an aviation accident will vary from jurisdiction to jurisdiction. Included in recoveries as damages are past and future medical expenses related to the accident, lost wages, lost earning capacity, past and future pain and suffering, emotional distress, loss of companionship, loss of support, and punitive damages. There are some states, however, which limit the amount of damages that may be awarded. Some states even preclude certain recoveries, such as claims for non-economic loss or punitive damages. 

Will Government Agencies Assist Me with My Case?

The National Transportation Safety Board (NTSB) is the government agency responsible for investigating most major transportation accidents, including nearly 125,000 aviation accidents since 1967. During the course of investigations, NTSB agents rely on the manufacturers of aircraft and aviation equipment to serve as experts, resulting in accident reports that are often biased in favor of the aviation industry. It is therefore important to have aviation attorneys involved in an accident case as early as possible to preserve as much evidence as possible, and promote theories of liability favorable to aircraft occupants or their heirs.

It is important to note that the NTSB is primarily an investigatory organization and has neither the authority nor the resources to represent victims and their families in any type of legal action. As a resource for families, however, the NTSB can be valuable, offering sympathetic professional counseling, victim identification, and other crisis response services. In addition, the Federal Aviation Administration (FAA) often assists the NTSB in its investigations; however, like the NTSB, the FAA provides no legal assistance to victims or their families. Ultimately, the goal of any investigation conducted by the NTSB or the FAA is to determine the cause of an accident rather than to determine who is liable for the injuries or deaths that resulted from that accident.

Where Can I Turn for Reliable Information Following an Aviation Disaster?

Please remember that airlines, their insurance representatives, and government transportation agencies will not work with you to promote your best interests, economic or otherwise. Often, in an attempt to prevent litigation, representatives of the airline will contact victims or families of the victims with a settlement offer, usually well below what could be expected if the case went to court. It is absolutely vital that you not sign any document or accept any offer without first seeking qualified legal advice. If you do, you risk forfeiting any right you might have to future legal recourse or to seek further compensation for damages. Qualified and experienced attorneys can provide you with honest answers about your case and help you to gather all the necessary information and paperwork you need to proceed with legal action.

For more information, please feel free to contact the experienced, compassionate attorneys of Magaña, Cathcart & McCarthy at 310-553-6630 or 800-742-1019. As the sponsors of this site, we would be pleased to advise you of your rights and options and to direct you to the resources you need.