Airplane Accidents: What Types of Damages Can Be Recovered?

The skies, while vast and often serene, can sometimes become the stage for unforeseen tragedies. Airplane accidents, though statistically rare, can result in devastating consequences, leaving victims and their families grappling with severe injuries, emotional trauma, and significant financial burdens. If you or a loved one has been affected by an aviation accident, understanding your legal rights and the types of damages you can recover is crucial. In the aftermath of such an event, many questions arise, especially when facing injuries and financial hardships. This article serves as a comprehensive guide to navigating the complex landscape of airplane accident claims and securing the compensation you deserve.

Understanding Your Legal Rights After a Plane Crash

Aviation accidents are among the most catastrophic events, often leading to serious injuries, fatalities, and long-term trauma for survivors. While air travel is generally safe, when accidents do occur, they raise complex legal and financial questions. For those impacted, consulting a personal injury attorney specializing in plane crashes is a crucial step in the recovery process.

Who Can Be Held Liable?

Determining liability in a plane crash is a multifaceted process, as responsibility can fall on multiple parties. Some of the most common potentially liable parties include:

Airlines: Airlines have a duty to provide safe transportation for passengers. They may be held responsible if poor maintenance, inadequate safety protocols, or untrained staff contributed to the accident. Airlines are also vicariously liable for errors by pilots or other employees.
Pilots and Crew: Pilots and crew can be liable if human error, miscommunication, or failure to follow procedures played a role in the accident.
Aircraft Manufacturers: When an airplane accident occurs due to a problem with the aircraft itself, the manufacturer may bear significant responsibility for resulting damages. If the accident was caused by a design or manufacturing defect in the aircraft, a product liability claim may be brought against the manufacturer.
Component Part Manufacturers: Companies that produced individual defective parts of the plane—such as an engine, avionics, or landing gear—can also be held responsible.
Maintenance Crews and Contractors: Regular maintenance is essential for aircraft safety. Third-party companies responsible for inspecting and maintaining the aircraft can be held liable if their negligence contributed to the accident.
Air Traffic Controllers: Air traffic controllers are responsible for guiding aircraft safely through the skies. Errors in communication or failure to provide accurate guidance can lead to accidents.
Government Entities: Government agencies like the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA), tasked with overseeing aviation safety, could be scrutinized if regulatory failures contributed.
Other Third Parties: Software developers creating flight control and navigation systems may share responsibility when programming errors or interface problems contribute to airplane accidents.

Types of Recoverable Damages

If you have been injured in an airplane accident, you may be entitled to various types of compensation, including both economic and non-economic damages. These damages aim to cover the full spectrum of losses resulting from the accident.

Economic Damages

Economic damages are quantifiable monetary losses that can be documented and calculated with relative certainty. Common types of economic damages include:

Medical Expenses: Compensation for a wide range of necessary treatments and services, including emergency treatment, hospitalization, surgeries, specialist care, rehabilitation therapy, assistive devices, and medications. This also extends to anticipated future medical needs related to injuries sustained in the accident. For serious injuries common in airplane crashes, medical expenses can reach millions of dollars over a lifetime.
Lost Wages: Compensation for income lost during the recovery period and reduced earning capacity resulting from permanent limitations. Claims often account for the loss of benefits and retirement contributions that would have accrued during normal employment. In cases where injuries prevent returning to a previous profession, compensation may cover retraining costs for alternative employment options.
Property Damage: Reimbursement for the repair or replacement of personal property that was damaged or lost in the crash.
Funeral and Burial Expenses: In the unfortunate event of a fatality, family members may recover compensation to address immediate financial needs like funeral and burial expenses.

Non-Economic Damages

Non-economic damages are more subjective and address the intangible losses resulting from the accident, such as pain, suffering, and emotional distress. These damages are more challenging to quantify but are equally important in ensuring fair compensation. Common types of non-economic damages include:

Pain and Suffering: Compensation for the physical pain experienced from injuries, as well as the emotional distress and psychological trauma that frequently accompanies such traumatic events. This includes both immediate suffering and long-term psychological effects.
Emotional Distress: Acknowledges the emotional strain felt by victims and their families due to prolonged illness and worry about the future. Aviation accident victims often experience substantial loss of enjoyment of life, and many develop post-traumatic stress disorder or severe anxiety about flying or travel in general.
Loss of Consortium: A legal term for the loss of companionship and partnership that someone experiences when a spouse becomes gravely ill or permanently injured. Family members can recover damages for the loss of companionship, support, and services of their loved one who was injured or killed in the accident.

Punitive Damages

In some cases, punitive damages may be awarded if the accident was caused by a pilot or company’s reckless disregard for safety standards. Punitive damages are additional money awarded to a plaintiff by a jury as a punishment to the company or person for their malicious disregard of your well-being. Punitive damages are meant to deter such actions in the future – by this party and others.

Who Can File a Claim?

Several parties may be eligible to file a claim after an airplane accident, including:

Physically and emotionally injured survivors of an airline crash
Families of deceased passengers
Dependents who are financially impacted by the event
People in the “zone of danger” who experience emotional harm due to the accident

In wrongful death cases, family members may recover several forms of compensation to address their losses, including:

Funeral and burial expenses
Long-term loss of financial support the deceased would have provided to the family
Compensation for loss of companionship and guidance
Recovery for the deceased’s pre-death pain and suffering (in some jurisdictions)
Economic value of household services the deceased regularly performed

The Claims Process

The process of pursuing compensation after an airplane accident typically involves the following steps:

Investigation: An experienced aviation accident attorney will conduct a thorough investigation to determine the cause of the accident and identify all liable parties. This may involve gathering evidence, reviewing flight data, consulting with aviation experts, and examining maintenance records.
Filing a Claim: Once the liable parties have been identified, a claim will be filed with their insurance companies. The claim will outline the damages suffered by the victim and demand fair compensation.
Negotiation: The attorney will negotiate with the insurance companies to reach a settlement that adequately compensates the victim for their losses. This may involve presenting evidence, arguing legal points, and making counteroffers.
Litigation: If a fair settlement cannot be reached through negotiation, the attorney may file a lawsuit to pursue compensation in court. Litigation may involve depositions, discovery, motion practice, and ultimately a trial.

Why You Need an Aviation Accident Attorney

Navigating the legal complexities of an airplane accident claim can be daunting, especially while dealing with the physical and emotional aftermath of the accident. An experienced aviation accident attorney can provide invaluable assistance by:

Conducting a thorough investigation to determine the cause of the accident
Identifying all liable parties
Gathering and preserving evidence
Negotiating with insurance companies
Filing a lawsuit if necessary
Representing you in court
Guiding you through the legal process
Maximizing your compensation

Conclusion

Airplane accidents can have devastating consequences, but victims and their families have legal rights and options for seeking compensation. Understanding the types of damages that can be recovered and the claims process is essential for navigating the complex legal landscape. By working with an experienced aviation accident attorney, you can protect your rights, hold the responsible parties accountable, and secure the financial resources you need to rebuild your life.