Airplane accidents, though they occur rarely, can have devastating consequences. In the aftermath of an aviation accident, victims and their families must navigate complex legal issues in order to seek justice and compensation. Understanding key legal issues that arise after an airplane accident, including liability, jurisdiction, applicable laws, compensation claims, and the role of government agencies can be crucial for victims and families.
1. Several parties can be held potentially liable in an aviation accident
One of the primary legal concerns after an airplane accident is determining who is responsible. Aviation accidents can have multiple liable parties, including:
- The Airline: Commercial airlines are responsible for passenger safety. If an accident occurs due to airline negligence (carelessness) such as improper maintenance, pilot error, or safety violations, the airline can be held liable.
- Aircraft manufacturers: If an accident is caused by a defective aircraft or faulty components, the manufacturer may be held responsible under product liability laws.
- Maintenance companies: Aircraft require regular maintenance, and if improper servicing or maintenance leads to an accident, that company may be held liable.
- Air traffic controllers: Mistakes made by air traffic control such as miscommunications or failure to detect potential hazards, can also contribute to tragic aviation accidents.
- Third Parties: In some cases, third parties such as airport operators, fueling companies or security personnel may be found partially responsible for the accident.
2. Several governmental agencies have roles in airplane accident investigations
It is important to understand that several governmental agencies may be responsible for investigating aviation accidents and enforcing safety regulations. Their findings play a crucial role in legal proceedings. The National Transportation Safety Board (NTSB) investigates airplane accidents in the U.S. and determines probable causes. While their findings are influential, they do not determine legal liability. The Federal Aviation Administration (FAA) enforces aviation safety regulations and can impose fines or sanctions on airlines and pilots for violations. In international cases, the International Civil Aviation Organization (ICAO) sets global aviation standards and assists in accident investigations.
3. Victims and families may be able to seek compensation for damages and losses
Compensation in airplane accidents varies significantly based on factors such as liability, severity of damages and applicable laws. Victims and their families may seek damages under personal injury, wrongful death, or product liability laws. The primary forms of compensation include economic damages, non-economic damages and in certain cases, punitive damages.
- Economic damages: These cover quantifiable losses such as medical expenses, lost wages, rehabilitation costs and funeral expenses in fatal accidents. These damages ensure that victims or their families financially compensated for the losses they suffer in an aviation accident that is caused by an entity’s negligence (carelessness) or wrongdoing.
- Non-economic damages: These types of losses address intangible losses such as pain and suffering, emotional distress and loss of consortium for surviving family members. These damages often vary based on jurisdiction and case specifics.
- Punitive damages: These types of damages are awarded in cases where gross negligence, misconduct or reckless behavior is evident. For example, if an airline disregards safety regulations or a manufacturer knowingly sells defective aircraft components, courts may impose punitive damages to punish the responsible party and deter future negligence (carelessness).
Legal claims in aviation accidents are complex. However, an experienced New York aviation accident lawyer can help victims and their families navigate the legal complexities and secure maximum compensation for their losses.
Contacting an Experienced Lawyer
If you or a loved one has been injured in an aviation accident, or if you have lost a loved one in an airplane accident, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. We recovered $400,000 for a person injured in an airplane accident. We recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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