Plane crashes are among the most devastating and complex types of personal injury cases. The intricate nature of aircraft mechanics, multiple parties involved, and strict regulatory frameworks make pursuing legal action particularly challenging.
Filing a claim following an aviation accident requires extensive knowledge of the law and significant resources. However, victims and their families don’t have to navigate these complexities on their own. At Ramos Law, we’ll guide you through the process with the end goal of achieving justice and garnering fair compensation.
Below, we break down the key challenges of aviation accident litigation and how our experienced attorneys can help.
Aviation Accident Litigation Guide
- What Causes Aviation Accidents?
- Aviation Accident Types
- Injuries and Damages
- The Role of Personal Injury Lawyers in Aviation Cases
- Challenges in Aviation Accident Litigation
- The Importance of Early Legal Intervention
- Get the Legal Representation You Need Today
What Causes Aviation Accidents?
Aviation crashes can result from numerous factors like human error, regulatory violations, and mechanical failures. The most common causes include the following:
- Pilot Error: Pilot mistakes due to misjudgment, fatigue, or a lack of training cause a majority of aircraft accidents. In fact, 69.1% of all aviation accidents in 2020 were from pilot error.
- Faulty Equipment: Engine failure, electrical malfunctions, or defective components are another cause. The Federal Aviation Administration (FAA) regularly issues Airworthiness Directives to address these safety concerns.
- Air Traffic Control Errors: Inadequate spacing, miscommunication, or failure by air traffic control personnel to detect hazards can contribute to crashes. Mid-air collisions and runway strikes are frequently linked to these errors.
- Negligent Maintenance: Failing to inspect, repair, or maintain aircraft properly can lead to preventable tragedies. Commercial airlines and private owners must adhere to strict maintenance schedules to mitigate mechanical failures.
- Structural or Design Defects: Issues related to manufacturing defects or poor design are a frequent cause of accidents.
- FAA Regulation Violations: Failure to comply with safety standards, licensing requirements, and operating procedures outlined by the FAA can result in fines, suspensions, or even grounding.
- Weather Conditions: Poor weather conditions contribute to numerous transportation incidents, both in the air and on the ground.
Aviation Accident Types
Aviation law covers accidents involving both major carriers (like American Airlines or Southwest Airlines) and general flights (private aircraft). Though commercial airline crashes gain global media attention, general aviation accidents – those involving non-commercial aircraft like business jets, helicopters, and small planes – are much more common and, unfortunately, more fatal.
Did you know? The NTSB 2019 Annual Summary found that general aviation saw 1,220 accidents, including 233 fatal crashes, resulting in 414 fatalities. On the other hand, scheduled commercial flights had 40 accidents, with two fatalities and four deaths.
Aviation accidents fall into different categories:
- Runway Incursions: Accidents during takeoff or landing due to unauthorized presence on airport runways
- Loss of Control In-Flight (LOC-I): Mechanical failure or human error causes pilots to lose control of the aircraft
- Controlled Flight Into Terrain (CFIT): Functioning aircraft crashing into obstacles, whether from pilot misjudgment or poor visibility
- Bird Strikes: Collisions with birds can damage critical flight components or engines
Understanding the cause and classification of an aviation accident is vital when determining liability and legal strategy. But you don’t have to navigate everything alone. Led by Joseph LoRusso, the Aviation Division of Ramos Law is adept at identifying responsible parties and crafting compelling arguments to secure the compensation victims deserve following a plane crash.
Injuries and Damages
Aviation accidents often result in catastrophic injuries or fatalities from speed, impact, and related factors. Survivors may suffer from injuries such as:
- Traumatic brain injuries (TBIs): Long-term memory loss, cognitive impairment, and reduced quality of life
- Spinal cord damage: May lead to partial or complete paralysis, resulting in long-term medical care and assistive devices
- Severe burns: Harsh burn injuries frequently occur from post-crash fires or fuel explosions and can lead to extensive skin graft surgeries and permanent scarring
- Fractures and internal injuries: High-impact crashes can cause broken bones, internal bleeding, and organ damage
- Psychological trauma: Survivors and their families often suffer from post-traumatic stress disorder (PTSD), anxiety, and depression following an aviation accident
Like with any personal injury claim, the severity of injuries, accident circumstances, applicable laws, and other criteria factor into the total compensation victims can recover. Our aviation accident lawyers will conduct a thorough investigation into every applicable consideration when fighting for the damages you’ve suffered, which may include:
- Medical expenses: Past, present, and future treatment, rehabilitation, surgeries, and therapy
- Lost wages: Lost pay and reduced earning capacity from permanent disabilities
- Property damage: Recovering compensation for destroyed personal belongings
- Rehabilitation costs: Physical therapy, vocational retraining, and the like
- Pain and suffering: The undue physical and psychological stress
- Emotional trauma: The impact on mental well-being and relationships
- Loss of consortium: Spouses affected by a victim’s injuries
The financial and emotional burden of an injury can be overwhelming. Experienced legal representation ensures you receive the full and fair compensation needed to cover expenses, lost income, and emotional suffering. If you or a loved one was injured in a plane crash, don’t wait – contact our personal injury attorneys as soon as possible to discuss your case.
Wrongful Death Claims in Aviation Accidents
An unfortunate reality is that many aviation accidents result in fatalities. While no amount of money can bring a loved one back, families of the deceased can file a wrongful death claim to recover compensation for:
- Funeral and burial costs
- Loss of financial support
- Loss of companionship and emotional suffering
- Survival action damages (compensation for the pain the victim endured before passing)
The Role of Personal Injury Lawyers in Aviation Cases
Aviation accident injury lawyers play key roles in investigating the cause of crashes and holding the responsible parties accountable. Aviation cases frequently involve numerous defendants, from airlines and manufacturers to regulatory bodies and federal agencies, making skilled counsel vital.
Lawyers work closely with aviation experts, engineers, and accident reconstructionists to:
- Identify the liable parties: Determining responsibility in a plane crash case can be complex, as multiple factors like mechanical failure, regulatory lapses, or human error can contribute to the accident. As a result, lawyers investigate all potential defendants, such as aircraft manufacturers, commercial airlines, maintenance teams, and even the FAA in some situations.
- Establish negligence or product liability claims: These cases often involve claims of negligence, like pilot error, improper aircraft design, and maintenance failures. In some situations, product liability lawsuits may arise when defective parts or inadequate safety mechanisms lead to accidents.
- Advocate for systemic changes in aviation safety regulations: Lawyers are also instrumental in pushing for regulatory reformation and improved safety measures to help prevent future accidents from occurring.
- Assist victims in navigating insurance claims: Plane crash cases frequently involve several layers of insurance, from airline liability policies to manufacturer warranties. Therefore, legal representation is critical to ensuring that victims receive maximum compensation for their injuries.
- Coordinate with federal agencies: Aviation accident litigation lawyers liaise with agencies like the NTSB and the FAA to obtain investigation reports, assess regulatory compliance, and leverage findings to support legal claims.
Aviation litigation is no small feat to navigate. Victims who partner with skilled lawyers specializing in aviation law benefit significantly from their support, knowledge, and experience. At Ramos Law, our legal professionals will protect your rights and fight for what you deserve.
Challenges in Aviation Accident Litigation
Plane crash litigation introduces unique challenges due to aircraft system complexity, stringent regulatory oversight, and the involvement of multiple parties. Unlike “standard” personal injury cases, aviation accident claims require a deep understanding of both legal and technical aspects.
Your lawyer must be aware of and address the following challenges with confidence:
Technical and Legal Complexities
Aviation cases frequently involve intricate details about flight data analysis, aircraft engineering, and safety protocols. Lawyers must collaborate with experts like reconstruction specialists, former pilots, and aeronautical engineers to identify the cause and establish liability.
Several At-Fault Parties
Determining liability is highly complex, as multiple parties share the responsibility of safe departures and landings.
- Airlines: Inadequate training, poor aircraft maintenance, or safety protocol violations
- Aircraft and Component Manufacturers: Design flaws, defective parts, or structural failures
- Maintenance Crews: Improper repairs, failing to inspect critical systems, and non-compliance with FAA maintenance regulations
- Air Traffic Control (ATC): Miscommunication, failure to detect airspace conflicts, or providing incorrect navigation instructions
- Government Entities: Regulatory lapses from agencies like the FAA and NTSB
Regulations
Several overlapping regulatory frameworks make compliance critical when filing an aviation injury claim:
- FAA Regulations: Strict rules govern aircraft maintenance, pilot training programs, and airline operations.
- International Laws: Accidents occurring in international airspace or involving foreign airlines may make international aviation laws like the Montreal Convention applicable.
- State and Federal Laws: Personal injury and wrongful death claims differ by jurisdiction, affecting deadlines for filing and the available damages.
Additional regulatory requirements include:
- Sovereign Immunity: The Federal Tort Claims Act (FTCA) offers avenues for suing the government but shields federal agencies from specific lawsuits. Any case involving ATC errors or FAA oversight failures must navigate through immunity defenses, making litigation even more difficult.
- General Aviation Revitalization Act (GARA): This federal statute limits liability for aircraft and part manufacturers on equipment older than 18 years. Therefore, victims of crashes involving older aircraft may experience challenges when pursuing claims, even if a defective component was at fault.
Jurisdictions
Determining the most appropriate avenue for litigation can also be complicated, especially when the case involves international flights, foreign airlines, or multiple jurisdictions. Legal teams must carefully consider the best place to file a claim that will maximize the likelihood of a favorable outcome.
Evidence and Investigation
Aviation accident investigations can take months or even years to complete. Vital evidence like black box data, communication logs, and maintenance records must be preserved. However, there are frequent delays in obtaining these materials, thus hindering the legal proceedings.
Insurance and Compensation
Prominent airlines and manufacturers have top-notch legal teams and insurance providers that vigorously defend against claims. As a result, victims face aggressive opposition, making legal representation from aviation attorneys paramount. The law firm of choice must be willing to negotiate fair settlements and take cases to trial if necessary.
Proving Negligence
Unlike car accident cases, aviation crashes require deep forensic analysis to indicate the exact cause precisely. Lawyers must collaborate with aviation safety experts to reconstruct flight paths, assess potential mechanical failures, and analyze pilot behavior.
Navigating the complexities of aviation law requires legal expertise, technical knowledge, and access to industry professionals who can provide crucial insights. Victims and their families benefit from a legal team that understands the intricacies and can build solid cases against powerful defendants.
The Importance of Early Legal Intervention
Time is of the essence in aviation accident injury cases. Any delay can significantly impact a victim’s ability to recover compensation. Engaging an attorney immediately following the incident helps with:
- Preserving evidence such as flight data recorders, air traffic control communications, maintenance logs, and eyewitness testimony before it’s lost, destroyed, or intentionally withheld by the liable parties
- Ensuring legal protection against insurers or responsible parties who may attempt to reduce payouts or deny claims
- Meeting legal deadlines and statutes of limitations, depending on the jurisdiction, type of claim, and international treaties like the Montreal Convention
- Coordinating with investigators, aviation experts, regulatory authorities, and forensic analysts to reproduce the accident, analyze data, and uncover potential negligence or regulatory violations
- Negotiating with multiple stakeholders, including airline representatives, aircraft manufacturers, maintenance providers, and insurers
- Protecting victim rights in government investigations by agencies like the NTSB and FAA, where findings don’t automatically result in compensation
- Exploring additional legal avenues for cases involving cross-border litigation or when negotiations don’t result in a settlement
Acting quickly allows victims and their loved ones to improve their chances of obtaining adequate compensation and holding the negligent parties responsible. When sought after early on, legal professionals can pursue all available options effectively.
Get the Legal Representation You Need Today
There’s no denying that aviation accident litigation is highly intricate and demands a deep understanding of both the law and technical knowledge. The devastating consequences, from life-altering injuries to wrongful death, make it vital for victims and their families to seek justice.
Given the high level of complexity, having an experienced aviation accident injury attorney by your side is critical in ensuring a thorough investigation, determining liability, and securing maximum compensation.
At Ramos Law, we understand the deeply rooted challenges that aviation accident victims face. We leverage our vast network of experts, regulatory authorities, and engineers to build compelling cases and fight for your rights.
Whether you’re dealing with a general aviation accident, a commercial plane crash, or a wrongful death lawsuit, we’ll provide the support and guidance you deserve. Contact us today for a free consultation – let us help you navigate the process and ensure justice is served.
With Ramos Law, you don’t pay a dime unless we settle for you. There are no gimmicks, contracts, or messy relationships. When you partner with us, you receive dedicated representation that puts your best interests first.
Don’t wait – the time to take action is now. Get a free case evaluation and start your journey to justice.
Experts in Aviation Law
Pilot Certificate Defense
FAA Medical Denial
Aircraft Crashes
FAA DUI Reporting
Civil Penalties
NTSB Appeals
And More!
Experts in Aviation Law
- Pilot Certificate Defense
- FAA Medical Denial
- Aircraft Crashes
- FAA DUI Reporting
- Civil Penalties
- NTSB Appeals
- And More!
Contact Ramos Law
If you or a loved one has been affected by an aviation accident, Ramos Law’s team of aviation attorneys is here to help. With expertise in personal injury law and aviation-specific cases, we are committed to providing compassionate and effective legal support. Contact us today for a free consultation.