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Related Air Plane Accident Articles

Airplane Accidents Attorneys

What Happens After My Consultation?

PersonalInjury.com provides an overview of airplane crash litigation and additional sources of information you can turn to in the event that a loved one is involved in an airplane accident. This article explores further what takes place once you have consulted with an airplane accident attorney.

Once your aviation accident attorney has determined that there is a basis for a lawsuit, there are a number of other issues that arise in an airplane accident case, including:

  • What federal or state laws are applicable?
  • What trial venues should be considered?
  • Should a lawsuit be brought individually or filed as a class action?
  • Who will be named as defendants? Should the lawsuit be brought against the operator, owner, or manufacturer of the aircraft? How about the airline or traffic control?
  • Should the theory of recovery be argued along the line of negligence, strict liability, statutory violations or breach of warranty?
  • How should evidence be preserved and how will it contribute in providing proof?

While every airplane accident is different, and answers to these questions will be addressed in consultations with your aviation accident attorney, following is an attempt to address some general aspects of aviation accident litigation:

The leading causes of aviation accidents and injuries include engine failures, unsuccessful approaches and landings, controlled flight into terrain, loss of control, weather (including turbulence), and runway incursions. Depending on the circumstances surrounding the accident, any of the following agencies may be involved in the ensuing investigations:

  • Federal Aviation Administration (FAA)
  • National Transportation Safety Board (NTSB)
  • Transportation Security Administration (TSA)
  • Federal Bureau of Investigations (FBI)
  • Federal Emergency Management Agency (FEMA)
  • Department of Health and Human Services (HHS)
  • Departments of Justice, State and Defense
  • Foreign or local authorities
  • American Red Cross

With regard to major airline accidents, the NTSB provides the following resources (information for a particular accident is usually available approximately six months after its occurrence):

http://www.ntsb.gov/info/info.htm#records
http://www.ntsb.gov/info/info.htm#Safetyrecs
http://www.ntsb.gov/publictn/publictn.htm

You should also be aware that general aviation law applies to aircraft other than those operated by commercial airlines. Airline and military carriers are subject to a different set of regulatory standards.

Because of the complexity of most aviation accident lawsuits, an attorney who represents you in one must understand all aspects and facets involved, including flight operations, airframe wreckage documentation, aircraft power plant, electrical, hydraulic and pneumatic systems, air traffic control, weather, human performance and survival factors.

With proper legal representation, you may be able to recover damages for medical bills, disfigurement, physical disabilities, pain & suffering, mental disability, emotional trauma, lost income, punitive damages (in cases where egregious wrongdoing was involved), and property damage.  Please call or email us today and we’ll help you find an experienced aviation accident attorney near you.

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