Costly Missteps: Avoiding Common Mistakes That Can Hurt Your Aviation Accident Claim

Costly Missteps: Avoiding Common Mistakes That Can Hurt Your Aviation Accident Claim

Aviation accidents, thankfully, are rare. However, when they do occur, the consequences are often catastrophic, leading to severe injuries or fatalities. If you or a loved one has been involved in an aviation accident, understanding how to navigate the legal landscape is crucial. A seemingly minor misstep can significantly impact your ability to recover the compensation you deserve. In fact, the National Transportation Safety Board (NTSB) reported 1,220 general aviation accidents in 2019, including 233 fatal crashes. This underscores the importance of understanding the common pitfalls that can undermine your aviation accident claim.

The Aftermath of an Aviation Accident: Why Every Step Matters

The period following an aviation accident is often filled with confusion, grief, and uncertainty. It’s a time when emotions run high, and making rational decisions can be challenging. However, the actions you take (or fail to take) in the immediate aftermath can have a profound impact on the outcome of your claim. From preserving evidence to understanding liability, every step is critical.

Mistake 1: Failing to Seek Immediate Medical Attention

Your health is paramount. However, seeking immediate medical attention after an aviation accident does more than address your physical well-being; it also establishes a critical link between the accident and your injuries.

  • Why it matters: Insurance companies often dispute claims by arguing that injuries were pre-existing or not directly caused by the accident. A prompt medical evaluation provides documented proof of your injuries and their connection to the event.
  • What to do: Even if you feel relatively unharmed, seek a thorough medical examination. Some injuries, such as internal bleeding or traumatic brain injuries, may not be immediately apparent.

Mistake 2: Not Reporting the Accident

Federal regulations mandate that the NTSB be notified immediately in the event of an aviation accident.

  • Why it matters: Failing to report an accident can lead to legal complications and hinder the investigation process.
  • What to do: If you are the operator of the aircraft, immediately notify the NTSB by calling their 24-hour Response Operations Center at 844-373-9922.

Mistake 3: Talking to the Insurance Company Without Legal Representation

It’s natural to want to cooperate with the insurance company and resolve the matter quickly. However, remember that the insurance company’s primary goal is to minimize their payout.

  • Why it matters: Insurance adjusters may use your statements against you to reduce or deny your claim. They may ask leading questions or pressure you into accepting a settlement that is far less than what you deserve.
  • What to do: Politely decline to give a statement until you have consulted with an experienced aviation accident attorney. An attorney can act as your advocate and protect your rights throughout the claims process.

Mistake 4: Delaying Legal Consultation

Many people mistakenly believe they can handle the initial stages of an aviation accident claim on their own. However, delaying legal consultation can be a costly error.

  • Why it matters: Aviation accident cases are complex and involve numerous parties, including airlines, aircraft manufacturers, maintenance providers, and air traffic controllers. An attorney can immediately begin investigating the accident, gathering evidence, and identifying all potential sources of liability.
  • What to do: Contact an aviation accident attorney as soon as possible after the accident. Most firms offer free initial consultations.

Mistake 5: Social Media Overuse

In today’s digital age, it’s tempting to share every aspect of your life on social media. However, doing so after an aviation accident can be detrimental to your claim.

  • Why it matters: Insurance companies and opposing counsel may monitor your social media accounts for any information that could undermine your claim. Seemingly innocent posts or photos can be taken out of context and used against you.
  • What to do: Refrain from posting about the accident, your injuries, or any related matters on social media. It’s best to temporarily suspend your accounts or, at the very least, adjust your privacy settings to limit access to your posts.

Mistake 6: Not Preserving Evidence

Evidence is the cornerstone of any successful aviation accident claim. Failing to preserve it can significantly weaken your case.

  • Why it matters: Evidence can include anything from aircraft wreckage and flight data recorders to witness statements and photographs of the accident scene. This evidence is crucial for determining the cause of the accident and proving liability.
  • What to do: If possible, take steps to preserve any available evidence. This may involve taking photographs, collecting contact information from witnesses, and securing any relevant documents. Your attorney can also help you obtain and preserve critical evidence.

Mistake 7: Misunderstanding Liability

Determining liability in an aviation accident is often a complex undertaking. There may be multiple parties at fault, and identifying them requires a thorough investigation.

  • Why it matters: Common causes of aviation accidents include pilot error (which accounted for 69.1% of all aviation accidents in 2020), mechanical failures, air traffic control errors, and negligent maintenance.
  • What to do: Understand that liability may rest with the airline, the aircraft manufacturer, the maintenance provider, air traffic control, or a combination of these parties. An experienced attorney can help you identify all responsible parties and pursue claims against them.

Mistake 8: Accepting a Quick Settlement

Insurance companies often offer quick settlements to accident victims, hoping to resolve the matter before the full extent of damages is known.

  • Why it matters: Accepting a quick settlement may prevent you from recovering the full compensation you deserve. Aviation accident injuries can have long-lasting effects, requiring ongoing medical treatment, rehabilitation, and long-term care. A fair settlement should account for all of these future expenses.
  • What to do: Never accept a settlement offer without first consulting with an attorney. An attorney can evaluate the offer and advise you on whether it adequately compensates you for your losses.

Mistake 9: Ignoring the Statute of Limitations

Every state has a statute of limitations, which sets a deadline for filing a lawsuit. Failing to file within this timeframe can forever bar you from recovering compensation.

  • Why it matters: The statute of limitations varies depending on the state and the type of claim.
  • What to do: Consult with an attorney promptly to ensure that your claim is filed within the applicable statute of limitations.

Mistake 10: Choosing the Wrong Attorney

Not all attorneys are created equal. Aviation accident cases require specialized knowledge and experience.

  • Why it matters: Aviation accident litigation involves complex legal and technical issues. It’s essential to choose an attorney who has a proven track record of success in handling these types of cases.
  • What to do: Look for an attorney who has specific experience in aviation accident law. Ask about their qualifications, experience, and case results. A skilled aviation accident lawyer can help determine the exact deadlines for your case.

Navigating the Turbulence: Securing Expert Legal Guidance

Recovering from an aviation accident is a challenging journey. Avoiding these costly missteps can significantly improve your chances of obtaining a fair and just resolution. Remember, you don’t have to navigate this complex process alone. Consulting with an experienced aviation accident attorney can provide you with the guidance and support you need to protect your rights and secure your future.