Aviation Accident Victims’ Families: Understanding Your Rights and Legal Options
The aftermath of an aviation accident is a period of immense grief and confusion for the victims’ families. In the face of such a tragedy, understanding your rights and the legal options available is crucial. This guide aims to provide clarity and support to aviation accident victims’ families as they navigate the complex legal landscape.
The Devastating Reality of Aviation Accidents
While air travel is statistically safe, accidents do occur, leaving behind a trail of devastation. According to a recent report, aviation accidents, while rare, can have catastrophic consequences for victims and their families. In these trying times, families often seek answers, justice, and compensation for their losses.
Immediate Steps and Support
Following an aviation accident, several agencies and organizations step in to provide immediate assistance. The Aviation Disaster Family Assistance Act of 1996 (ADFAA) mandates that airlines provide families with timely information, support, and counseling. This includes:
- Notification: Airlines must promptly notify families of passengers before releasing any public information.
- Toll-Free Number: A dedicated toll-free number must be established to provide families with information.
- Transportation and Accommodation: Airlines are required to provide transportation to the accident site and cover accommodation costs for family members.
- Grief Support: Access to professional psychologists or clergy members for grief counseling must be provided.
The National Transportation Safety Board (NTSB) also plays a crucial role in supporting families by:
- Establishing a family assistance center.
- Offering crisis counseling services.
- Initiating victim identification and the return of personal effects.
- Conducting daily briefings with investigative updates.
It’s important to be aware that the ADFAA also protects families from unsolicited contact from attorneys for 45 days following the accident.
Understanding Your Legal Rights
In the wake of an aviation accident, families have several legal avenues to explore. These include:
- Wrongful Death Claims: If a loved one died in the accident, surviving family members can file a wrongful death claim against the responsible parties. This claim seeks compensation for funeral expenses, medical bills, lost financial support, and emotional suffering.
- Personal Injury Claims: Survivors who sustained injuries can file personal injury claims to seek compensation for medical expenses, rehabilitation costs, lost wages, pain and suffering, and other damages.
- Product Liability Claims: If the accident was caused by defective equipment, claims can be pursued against aircraft manufacturers or parts suppliers.
Determining Liability
Aviation accident cases are complex, often involving multiple parties who may be held liable. These parties can include:
- Airlines: For negligence such as pilot error, inadequate maintenance, or failure to follow safety protocols.
- Aircraft Manufacturers: If the accident was caused by a design flaw or defective part.
- Maintenance Crews: For improper inspections, faulty repairs, or overlooked mechanical issues.
- Air Traffic Controllers: If errors in air traffic control contributed to the accident.
- Pilots: Pilot negligence can include negligence in take off, landing, taxiing, failure to keep a look out, landing with insufficient visibility, failure to comply with traffic patterns, failure to obey right-of-way rules, failure to appropriately choose a landing field.
The Claims Process
Navigating the claims process can be daunting. Here’s a general overview of the steps involved:
- Consultation and Case Assessment: An attorney will assess the details of the accident, your injuries, and how they have affected your life.
- Evidence Gathering: This involves collecting medical reports, witness statements, flight records, and maintenance logs.
- Identifying Liable Parties: Determining who is responsible for the accident.
- Negotiation or Litigation: Negotiating with the liable parties or, if necessary, pursuing litigation in court.
Types of Compensation Available
Depending on the circumstances, families may be entitled to various types of compensation, including:
- Medical Expenses: Covering emergency care, surgeries, rehabilitation, and long-term treatment.
- Lost Wages: Compensation for lost income if injuries prevent victims from working.
- Pain and Suffering: Addressing the physical and emotional distress caused by the accident.
- Loss of Companionship: Compensation for the loss of love, companionship, and guidance.
- Funeral and Burial Expenses: Reimbursement for the costs associated with funeral and burial services.
- Loss of Support: Compensation for the financial support the deceased would have provided.
The Role of an Aviation Accident Attorney
Given the complexity of aviation accident cases, it is crucial to seek legal guidance from an experienced aviation accident attorney. An attorney can:
- Conduct an independent investigation to determine the cause of the crash and identify all responsible parties.
- Gather and preserve evidence to support your claim.
- Navigate the complex legal procedures involved in filing a claim.
- Calculate damages to ensure you receive full compensation for your losses.
- Negotiate with insurance companies and represent you in court, if necessary.
The Importance of Independent Investigation
While government agencies like the NTSB conduct investigations, it is essential for families to have their own independent investigation conducted by their attorney. This ensures that all potential causes of the accident are thoroughly examined and that your rights are fully protected.
Conclusion
The aftermath of an aviation accident is an incredibly challenging time for victims’ families. By understanding your rights and legal options, you can navigate the complex legal landscape and seek the justice and compensation you deserve. Remember to seek guidance from experienced professionals who can provide the support and expertise you need during this difficult time.