PA Plane Crash: What Legal Options Do Burn Victims Have?

Aviation accidents are thankfully rare, but when they occur, the consequences can be devastating. According to the Federal Aviation Administration (FAA), over 2.7 million people fly in and out of American airports every day. While air travel is considered one of the safest modes of transportation, accidents do happen, and the resulting injuries can be life-altering. If you or a loved one has been a burn victim in a plane crash in Pennsylvania, understanding your legal options is crucial to securing the compensation and support needed for recovery.

Understanding the Aftermath of a Plane Crash

Plane crashes often result in severe injuries, and among the most traumatic are burn injuries. Burns can range from first-degree, affecting only the outer layer of skin, to fourth-degree burns that damage underlying tissues, muscles, and even bones. The treatment for severe burns is extensive, often involving multiple surgeries, skin grafts, long-term rehabilitation, and ongoing medical care. Beyond the physical trauma, burn victims often face significant emotional and psychological challenges, including post-traumatic stress disorder (PTSD), anxiety, and depression.

Legal Options for Burn Victims in Pennsylvania Plane Crashes

If you’ve suffered burn injuries in a plane crash in Pennsylvania, you have several legal avenues to explore:

Personal Injury Lawsuit: You can file a personal injury lawsuit against the party or parties responsible for the crash. This type of lawsuit seeks to recover compensation for your medical expenses (past and future), lost wages, pain and suffering, emotional distress, and other related damages.
Wrongful Death Lawsuit: If a loved one died in a plane crash due to burn injuries, you, as a family member, may be able to file a wrongful death lawsuit. This type of lawsuit seeks compensation for the loss of your loved one’s companionship, financial support, and other damages resulting from their death.
Product Liability Claim: If the plane crash was caused by a defect in the aircraft or one of its components, you may have a product liability claim against the manufacturer. This type of claim seeks to hold the manufacturer responsible for the damages caused by their defective product.
Workers’ Compensation Claim: If you sustained burn injuries in a plane crash while working, for example, as a flight attendant or pilot, you may be eligible for workers’ compensation benefits. Workers’ compensation provides medical benefits and wage loss replacement, regardless of who was at fault for the accident.

Determining Liability in a Pennsylvania Plane Crash

Establishing liability is a critical step in pursuing a legal claim after a plane crash. Several parties could be held responsible, including:

The Pilot: Pilot error is a leading cause of plane crashes. Negligence on the part of the pilot, such as flying under the influence, failing to adhere to safety regulations, or making poor decisions in flight, can lead to liability.
The Airline: Airlines have a duty to ensure the safety of their passengers. Negligence on the part of the airline, such as inadequate maintenance, improper training, or failure to address known safety issues, can result in liability.
Aircraft Manufacturers: If a plane crash is caused by a defect in the aircraft or one of its components, the manufacturer may be held liable under product liability laws.
Air Traffic Controllers: Air traffic controllers are responsible for guiding aircraft safely through the airspace. Errors made by air traffic controllers, such as providing incorrect instructions or failing to warn pilots of hazards, can contribute to plane crashes.
Maintenance Providers: Improper maintenance can lead to mechanical failures and plane crashes. Maintenance providers can be held liable if their negligence contributes to an accident.

Compensation Available to Burn Victims

If you are successful in your legal claim, you may be entitled to various types of compensation, including:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and expenses for ongoing care.
Lost Wages: You can recover lost income from being unable to work due to your injuries.
Pain and Suffering: This compensates you for the physical pain and emotional distress caused by your injuries.
Emotional Distress: Compensation for psychological trauma, anxiety, depression, and other emotional issues resulting from the crash.
Disfigurement and Scarring: Burn injuries often result in permanent scarring and disfigurement, which can significantly impact a person’s quality of life. You may be entitled to compensation for these damages.
Punitive Damages: In cases of extreme negligence or misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Modified Comparative Negligence in Pennsylvania

Pennsylvania follows a modified comparative negligence rule. This means that you can recover damages even if you were partially at fault for the accident, as long as your percentage of fault is not greater than 50%. However, your compensation will be reduced by your percentage of fault. For example, if you are found to be 20% at fault for the accident, your compensation will be reduced by 20%.

The Statute of Limitations

In Pennsylvania, there is a statute of limitations for filing personal injury and wrongful death lawsuits. Generally, you have two years from the date of the accident or death to file a lawsuit. Failing to file within this timeframe may bar you from recovering compensation.

Why You Need a Pennsylvania Aviation Accident Attorney

Aviation accident cases are complex and require specialized knowledge of aviation laws, regulations, and accident investigation procedures. An experienced Pennsylvania aviation accident attorney can:

Investigate the accident: Conduct a thorough investigation to determine the cause of the crash and identify all responsible parties.
Gather evidence: Collect and preserve evidence, including flight data recorders, maintenance records, and witness statements.
Negotiate with insurance companies: Handle communications with insurance companies and negotiate a fair settlement on your behalf.
File a lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent you in court.
Maximize your compensation: Fight to recover the full compensation you deserve for your injuries and losses.

Seeking Justice and Compensation

If you or a loved one has been a burn victim in a plane crash in Pennsylvania, it is essential to understand your legal rights and options. Pursuing a legal claim can be a complex and challenging process, but with the help of an experienced aviation accident attorney, you can seek justice and recover the compensation needed to rebuild your life. Contact a qualified attorney today to discuss your case and explore your legal options.