Justice After Tragedy: Pursuing Wrongful Death Claims in Commercial Airline Crashes

Justice After Tragedy: Pursuing Wrongful Death Claims in Commercial Airline Crashes

Commercial airline crashes are thankfully rare, but when they occur, the consequences are devastating. In the wake of such tragedies, families grapple with unimaginable loss and grief. While no amount of money can ever replace a loved one, pursuing a wrongful death claim can provide a measure of justice and financial security for the future. According to the U.S. Department of Transportation and historical aviation settlements, compensation for victims of commercial airline crashes can range from $250,000 to several million dollars, depending on the extent of injuries and liability. This article explores the complexities of pursuing wrongful death claims following a commercial airline crash, offering guidance to those navigating this challenging legal landscape.

Understanding Wrongful Death Claims in Aviation Accidents

A wrongful death claim is a civil lawsuit brought by the family members of a person who died due to the negligence or misconduct of another party. In the context of a commercial airline crash, potential liable parties can include the airline, aircraft manufacturer, maintenance providers, air traffic controllers, or even government entities.

Who Can File a Wrongful Death Claim?

Generally, the following individuals are eligible to file a wrongful death claim after a commercial airline crash:

  • Spouse
  • Children
  • Parents
  • Dependents

The specific laws governing who can file a claim and the types of damages recoverable vary by jurisdiction. It’s essential to consult with an experienced aviation attorney to determine eligibility and understand the applicable laws in your case.

Establishing Liability in a Commercial Airline Crash

Establishing liability in an aviation accident is a complex process that requires a thorough investigation. Several factors can contribute to a crash, and often multiple parties share responsibility. Some common causes of commercial airline crashes include:

  • Pilot Error: This can include misjudgments, poor decision-making, fatigue, or inadequate training. The National Transportation Safety Board (NTSB) found that 69.1% of all general aviation accidents in 2020 were caused by pilot error.
  • Mechanical Failure: This can range from engine malfunctions to defective parts or faulty maintenance. In 2020, engine malfunctions accounted for over 60 percent of mechanical failure crashes.
  • Air Traffic Control Errors: Mistakes by air traffic controllers, such as communication errors or miscalculations, can lead to dangerous situations.
  • Weather Conditions: Severe weather, such as turbulence, storms, or low visibility, can contribute to accidents.
  • Manufacturing Defects: Faulty components due to design or manufacturing flaws can cause system failures.

The Role of Government Agencies

When investigating an aircraft accident, two government agencies play a significant role:

  • National Transportation Safety Board (NTSB): The NTSB investigates accidents involving all types of mass transportation, including airplanes. It aims to determine the “probable cause” of the accident and make recommendations to improve transportation safety.
  • Federal Aviation Administration (FAA): The FAA provides regulations on how to operate an air traffic control system. It can get involved when a violation of its rules leads to an aviation accident.

Types of Compensation Available in a Wrongful Death Claim

If a wrongful death claim is successful, the family members may be entitled to various types of compensation, including:

  • Economic Damages:
    • Lost future earnings
    • Funeral and burial expenses
    • Medical expenses incurred before death
    • Loss of benefits (e.g., insurance, retirement)
  • Non-Economic Damages:
    • Loss of companionship and emotional support
    • Mental anguish and suffering
    • Loss of parental guidance (for children)
  • Punitive Damages: In cases of gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future.

Navigating the Legal Process

Pursuing a wrongful death claim after a commercial airline crash involves several steps:

  1. Consult with an Aviation Attorney: An experienced attorney can evaluate your case, explain your legal rights, and guide you through the process.
  2. Investigate the Accident: Your attorney will conduct an independent investigation to determine the cause of the crash and identify all potentially liable parties.
  3. Gather Evidence: This includes collecting police reports, witness statements, expert opinions, and other relevant documents.
  4. File a Lawsuit: Once the investigation is complete, your attorney will file a wrongful death lawsuit against the responsible parties.
  5. Negotiate a Settlement: In many cases, the parties will attempt to negotiate a settlement to resolve the case without going to trial.
  6. Trial: If a settlement cannot be reached, the case will proceed to trial, where a judge or jury will decide the outcome.

The Importance of Expert Witnesses

Expert witnesses play a crucial role in aviation accident litigation. These professionals can provide specialized knowledge and opinions on various aspects of the crash, such as:

  • Accident reconstruction
  • Aircraft maintenance and mechanical failures
  • Pilot training and human factors
  • Air traffic control procedures
  • Aviation regulations

An aviation expert witness can be used to explain certain engineering, design, or human aspects to the judge and jury as well as determine the cause of accidents. Their testimony can be critical in establishing liability and proving damages.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the deadline for filing a wrongful death lawsuit. The statute of limitations varies by jurisdiction, and there may be exceptions depending on the circumstances of the case. In Illinois, statute of limitations for a wrongful death case is two years. In several states, it’s one year. In some states, it’s three years. The Montreal Convention requires the case be filed within 2 years. Consulting with an attorney as soon as possible after a crash is essential to ensure that your claim is filed within the applicable time frame.

Trauma-Informed Approach

Airline crashes are devastating events that require a nuanced and compassionate legal response. By adopting a trauma-informed approach, personal injury lawyers can better serve their clients, ensuring that their rights are protected while also addressing the profound emotional impacts of such incidents. This involves:

  • Empathy and effective communication
  • Providing clear explanations of legal processes
  • Facilitating access to counseling and support services

Conclusion

Pursuing a wrongful death claim after a commercial airline crash is a complex and emotionally challenging process. However, with the guidance of an experienced aviation attorney, families can seek justice for their loved ones and obtain the financial resources necessary to rebuild their lives. Understanding the legal process, identifying liable parties, and gathering compelling evidence are all crucial steps in achieving a successful outcome.

If you have lost a loved one in a commercial airline crash, it is essential to seek legal advice as soon as possible. Contact our firm today for a free consultation to discuss your case and explore your options.