Aviation Accident Injury Claims: What You Need to Know

Aviation Accident Injury Claims: What You Need to Know

Aviation accidents, though statistically rare, can result in devastating injuries and fatalities. In 2024, the aviation industry saw a total of 47 accidents, including 12 hull losses, multiple flights with serious injuries, and 187 total fatalities. When such tragedies occur, understanding your legal rights and the process for filing aviation accident injury claims is crucial. This blog post provides essential information on what you need to know about aviation accident injury claims, helping you navigate the complex legal landscape and seek the compensation you deserve.

Understanding Aviation Accidents

An aviation accident is defined as an occurrence associated with the operation of an aircraft, from the time any person boards the aircraft with the intention of flight until all such persons have disembarked, in which any person suffers death or serious injury, or in which the aircraft receives substantial damage.

Common Causes of Aviation Accidents

Several factors can contribute to aviation accidents. According to the NTSB, in 2020, 69.1% of all general aviation accidents were caused by pilot error. Other frequent causes include:

  • Pilot Error: Errors in judgment, miscommunication with air traffic control, failure to follow protocols, and improper handling during takeoff, landing, or turbulence.
  • Mechanical Failure: Malfunctions due to design flaws, defective parts, improper maintenance, or component failure. In 2020, engine malfunctions accounted for over 60 percent of mechanical failure crashes.
  • Weather Conditions: Inclement weather such as lightning storms, icing, high winds, and sudden changes in weather patterns.
  • Air Traffic Control Error: Mistakes in communication, failure to warn of potential hazards, or conflicting flight instructions.
  • Improper Maintenance: Overlooked repairs or negligent servicing of critical aircraft components.
  • Runway Incursions: Pilots deviating from air traffic control instructions, or maintenance crews moving a plane or ground vehicles without permission from traffic control.

Common Injuries Sustained

Aviation accidents can lead to a wide range of severe injuries, including:

  • Traumatic Brain Injuries (TBIs): Often caused by head trauma during a crash or sudden changes in speed or pressure.
  • Spinal Cord Injuries: Resulting from the impact of a crash, potentially leading to paralysis or other long-term disabilities.
  • Broken Bones and Fractures: Frequent due to the force of impact during an aviation accident.
  • Burns: A serious risk, especially if the aircraft catches fire or explodes upon impact.
  • Internal Injuries: Damage to organs such as the liver, spleen, or kidneys from sudden deceleration or impact.
  • Psychological Trauma: Post-traumatic stress disorder (PTSD), anxiety, and other emotional trauma.

Filing an Aviation Accident Injury Claim

If you or a loved one has been involved in an aviation accident, it’s essential to understand the steps involved in filing an injury claim.

1. Seek Medical Attention

Your priority should be to seek immediate medical attention. Even if injuries are not immediately apparent, a thorough medical evaluation is crucial. This not only ensures your well-being but also creates a record of your injuries, which is vital for your claim.

2. Gather Information and Preserve Evidence

Record as many details as possible about the accident, including:

  • Photographs of the accident scene and your injuries.
  • Names and contact information of witnesses.
  • Flight details, such as the airline, flight number, and aircraft type.
  • Keep any documents related to the flight, accident reports, medical records, and communications from airlines or insurance companies.

3. Consult with an Aviation Accident Attorney

Aviation accident claims are complex and involve multiple parties and complicated insurance policies. Consulting with an experienced aviation accident attorney is critical to protect your rights and ensure that an investigation is initiated promptly. An attorney can help you:

  • Investigate the accident and gather evidence.
  • Identify all potentially liable parties.
  • Navigate the legal and insurance processes.
  • Negotiate with insurance companies.
  • File a lawsuit if necessary.

4. Identify Liable Parties

Liability for an aviation accident can fall on several parties, including:

  • Airlines: Responsible for maintaining the highest safety standards, including regular maintenance, proper training of staff, and adherence to aviation regulations.
  • Aircraft Manufacturers: Liable if the accident was caused by a defect in the aircraft or its components.
  • Maintenance Contractors: Responsible for improper repairs or failing to inspect critical systems.
  • Air Traffic Control: May be liable for miscommunication or failure to detect airspace conflicts.
  • Pilots: Responsible for errors in judgment, miscommunication with air traffic control, failure to follow protocols, and improper handling during takeoff, landing, or turbulence.

5. Understand Legal Theories of Liability

Claims for personal injury or death from an aviation accident are generally controlled by the legal theories of negligence, product liability, or a combination.

  • Negligence: Proving that the responsible party failed to meet an industry standard related to the operation, maintenance, or engineering of the aircraft.
  • Product Liability: Holding manufacturers liable for injuries caused by defects in their products.

6. Determine the Statute of Limitations

The statute of limitations is the time limit within which you must file a lawsuit. This deadline varies depending on the state and type of accident. For aviation cases, it can range from one to several years. Some states, like California, have a statute of limitations of two years from the date of the accident for personal injury claims. It is crucial to consult an attorney promptly to ensure you file your claim within the required timeframe.

7. Pursue Compensation

Victims of aviation accidents may be entitled to various types of compensation, including:

  • Medical Expenses: Coverage for immediate medical care, surgeries, hospital stays, and ongoing treatments.
  • Lost Wages: Compensation for lost wages, including future earnings if injuries lead to long-term disability.
  • Pain and Suffering: Compensation for physical pain and emotional distress experienced by victims.
  • Property Damage: Reimbursement for damaged or destroyed personal property.
  • Emotional Distress: Compensation for psychological impact, including anxiety, depression, and PTSD.
  • Loss of Consortium: Compensation for the loss of companionship and intimate relations.
  • Funeral Expenses: Covering costs related to burial and funeral services for deceased victims.

The Role of Expert Witnesses

Expert witnesses play a crucial role in aviation accident cases. They can provide testimony based on their expertise in the field of aviation, including:

  • The cause of an aviation accident.
  • The safety of an aviation facility.
  • The design of an aircraft.
  • Analysis of aviation policies, risk assessments, and claims disputes.

Navigating the Legal Process

Investigation

Following a major airplane crash, multiple investigations begin. The National Transportation Safety Board (NTSB) takes the lead, meticulously examining mechanical failures, pilot actions, and weather conditions. The Federal Aviation Administration (FAA) also contributes expertise, focusing on regulatory compliance.

Litigation

Aviation accident litigation often involves multiple defendants. Identifying every responsible party is key to ensuring fair compensation. Potential liable parties include airlines, aircraft manufacturers, component part manufacturers, and maintenance and repair companies.

Settlement vs. Trial

While many aviation accident claims are resolved through settlements, some proceed to court. The outcome depends on the complexity of the case, the willingness of the responsible parties to negotiate, and the jurisdiction where the claim is filed.

Conclusion

Navigating the aftermath of an aviation accident can be overwhelming, but understanding your rights and the steps involved in filing an injury claim is essential. By seeking medical attention, gathering information, consulting with an experienced attorney, and understanding the legal process, you can protect your rights and pursue the compensation you deserve.