Filing an Aviation Accident Lawsuit in the US: A Step-by-Step Guide for Injury Claims

While air travel is statistically one of the safest modes of transportation, with the odds of dying in an aviation accident too small to calculate in 2021, aviation accidents do occur, sometimes with devastating consequences. In under two weeks in 2025, three plane crashes occurred in the United States, resulting in 78 fatalities. If you or a loved one has been involved in an aviation accident, understanding the process of filing a lawsuit is crucial to protect your rights and seek fair compensation. This guide provides a step-by-step overview of how to file an aviation accident lawsuit in the U.S.

Understanding Aviation Law

Aviation law is a complex field encompassing federal and state regulations, international treaties, and legal precedents. It governs the operation, maintenance, and safety of aircraft, as well as the liability of parties involved in aviation accidents.

Federal Aviation Administration (FAA): The FAA regulates civil aviation, including air traffic control, airport standards, and pilot and aircraft certification.
National Transportation Safety Board (NTSB): The NTSB investigates aviation accidents and issues safety recommendations.
Montreal Convention: This international treaty establishes airline liability for passenger injury or death on international flights.

Step 1: Seek Medical Attention and Document Injuries

Your health is the top priority. Seek immediate medical attention for any injuries sustained in the aviation accident. Thoroughly document all injuries, medical treatments, and related expenses. This documentation will be crucial evidence in your injury claim. Common injuries sustained from aviation accidents include:

Lower-limb fracture (most common)
Head injury
Open wound
Upper extremity fracture
Internal injury
Burns
Spinal cord injury
Brain injury
Emotional trauma

Step 2: Report the Accident

Report the accident to the appropriate authorities, including the NTSB and FAA. This creates an official record of the incident and triggers a formal investigation.

Step 3: Consult with an Experienced Aviation Accident Attorney

Given the complexities of aviation law, it’s essential to consult with an attorney specializing in aviation accident cases. An experienced attorney can:

Evaluate your case and advise you on your legal options.
Explain your rights and the potential for compensation.
Navigate the complex legal and regulatory landscape.
Represent you in negotiations with insurance companies and other parties.

Step 4: Investigate the Accident

A thorough investigation is crucial to determine the cause of the accident and identify all liable parties. Your attorney will conduct an independent investigation, which may involve:

Gathering evidence from the accident scene.
Reviewing flight data recorders (black boxes).
Interviewing witnesses, air traffic controllers, and first responders.
Consulting with aviation experts, such as accident reconstructionists, mechanical engineers, and aircraft specialists.
Analyzing maintenance records and inspection logs.
Examining weather conditions and forecasts.
Analyzing air traffic control communications.

Step 5: Identify Liable Parties

Aviation accidents often involve multiple liable parties, including:

Airlines: Airlines may be liable for negligence in pilot training, operational procedures, or maintenance.
Aircraft Manufacturers: Manufacturers may be liable for defective parts or design flaws.
Component Part Manufacturers: Companies that produced defective parts, such as engines or avionics, may be liable.
Maintenance Crews: Improper inspections, faulty repairs, or overlooked mechanical issues can lead to liability for maintenance crews.
Air Traffic Controllers: Air traffic controller error can lead to liability.
Pilots: Pilot negligence or failure to adhere to safety protocols can make them personally responsible.
Private Aircraft Owners: The owner may be held liable for inadequate maintenance or pilot errors if the accident involves a privately owned aircraft.

Step 6: Determine the Proper Jurisdiction and Venue

Determining the correct court and location for filing a claim is a critical strategic decision. Factors to consider include:

Location of the accident: The lawsuit may be filed in the state where the crash occurred.
Airline headquarters: The lawsuit may be filed in the state where the airline is headquartered.
Ticket purchase location: The lawsuit may be filed in the state where the ticket was purchased.
Montreal Convention: For international flights, the Montreal Convention dictates where a lawsuit can be brought, often including the country of final destination or the passenger’s home country (if the airline operates there).

Step 7: File a Complaint

Filing a complaint formally initiates your aviation accident lawsuit. This legal document outlines your allegations, the basis for your claims, and the relief you are seeking. The complaint should include:

Detailed information about the accident.
A description of the injuries sustained.
Identification of the parties involved.
The legal grounds for the lawsuit, such as negligence or product liability.
The types of damages you are seeking, such as medical expenses, lost wages, and pain and suffering.

Step 8: Pursue Discovery

Discovery is the process of gathering information and evidence from the opposing party. This may involve:

Interrogatories: Written questions that the opposing party must answer under oath.
Depositions: Oral examinations of witnesses under oath.
Requests for production of documents: Requests for the opposing party to provide relevant documents.

Step 9: Negotiate a Settlement

In many cases, aviation accident lawsuits are resolved through settlement negotiations. Your attorney will negotiate with the insurance companies and other liable parties to reach a fair settlement that compensates you for your losses.

Step 10: Trial

If a settlement cannot be reached, your case may proceed to trial. At trial, your attorney will present evidence and arguments to a judge or jury to prove your claim and obtain a favorable verdict.

Compensation Available in Aviation Accident Lawsuits

If you have been injured in an aviation accident, you may be entitled to compensation for:

Medical Expenses: Current and future medical bills.
Lost Wages: Lost income and diminished earning capacity.
Pain and Suffering: Physical and emotional distress.
Property Damage: Damage to personal property.
Punitive Damages: In cases of gross negligence or willful misconduct, punitive damages may be awarded.
Wrongful Death Damages: In cases of fatal accidents, family members may be entitled to compensation for loss of support, funeral expenses, and loss of companionship.

Statute of Limitations

The statute of limitations sets a deadline for filing a lawsuit. Missing this deadline can prevent victims from seeking compensation, making it essential to act promptly. In California, the statute of limitations for personal injury claims related to aviation accidents is two years from the date of the accident. However, the statute of limitations can vary depending on the jurisdiction and the specific circumstances of the case. It’s best to speak with an aviation attorney as soon as possible to preserve your rights.

The Role of the NTSB Investigation

The NTSB conducts an independent investigation to determine the probable cause of the accident and issue safety recommendations. While the NTSB’s findings are not admissible as evidence in court, the information gathered during the investigation can be valuable in building your case.

Working with an Aviation Accident Attorney

Filing an aviation accident lawsuit can be a complex and challenging process. An experienced aviation accident attorney can guide you through each step, protect your rights, and help you obtain the compensation you deserve.