Wrongful Death Lawsuits After a Plane Crash: What Families Need to Know

The skies, while vast and seemingly limitless, can sometimes become the scene of unimaginable tragedy. According to the National Transportation Safety Board (NTSB), pilot error is the cause of many aviation accidents. When a plane crash occurs, the aftermath is devastating, especially for the families who have lost loved ones. Amidst the grief and confusion, understanding the legal options available becomes crucial. This blog post aims to provide families with essential information about wrongful death lawsuits following a plane crash, offering guidance on navigating this complex legal landscape.

Understanding Wrongful Death in Aviation Accidents

A wrongful death lawsuit is a civil action brought by the family of a deceased person against those whose negligence or misconduct caused the death. In the context of a plane crash, this could involve a multitude of parties, including:

The Pilot: If pilot error contributed to the crash, their negligence could be grounds for a lawsuit. Pilot errors can include poor training, lack of experience, pilot fatigue, and intoxication of alcohol or drugs.
The Airline: Airlines are responsible for the safety of their passengers and the proper maintenance of their aircraft.
Aircraft Manufacturers: Design flaws or defective parts can lead to catastrophic failures, making manufacturers liable.
Maintenance Contractors: Improper maintenance or repairs can lead to mechanical failures and subsequent crashes.
Air Traffic Controllers: Negligence on the part of air traffic controllers, such as providing incorrect information or failing to maintain flight separation, can also be a cause.
Government Entities: Government entities may also bear responsibility when FAA rule violations lead to aviation accidents, making federal agencies potential defendants under the Federal Tort Claims Act.

Identifying all potentially liable parties is a critical first step in a wrongful death case. Aviation accidents often involve multiple potentially responsible parties, making it essential to conduct a thorough investigation.

Causes of Plane Crashes

Understanding the common causes of plane crashes can shed light on who might be held liable in a wrongful death lawsuit. Some of the primary causes include:

Pilot Error: This is often cited as the leading cause of aviation accidents. It includes mistakes in flight planning, decision-making, or aircraft handling.
Mechanical Failure: Defective parts, improper maintenance, or design flaws can lead to system failures and crashes.
Weather Conditions: Inclement weather, such as storms, fog, or icing, can create hazardous flying conditions.
Air Traffic Control Errors: Mistakes by air traffic controllers in guiding and separating aircraft can lead to collisions.
Design Defects: Aircraft designs vary greatly. If any of these components are not designed properly, crashes can occur. Aircraft must be designed to withstand turbulence, weather, and other types of different environments.

Who Can File a Wrongful Death Lawsuit?

State laws dictate who can file a wrongful death lawsuit. Generally, the following individuals have the right to sue:

Spouse: The surviving spouse of the deceased.
Children: Biological or adopted children of the deceased.
Parents: In some cases, parents of the deceased can file a lawsuit, especially if the deceased had no spouse or children.
Personal Representative: The executor or administrator of the deceased’s estate.
Next of Kin: Next of kin may also be compensated for losing their loved one, losing prospective inheritance, losing companionship, and for the grief, mental anguish, and emotional distress they experienced.

Types of Damages Recoverable

In a wrongful death lawsuit, families can seek compensation for various types of damages, including both economic and non-economic losses:

Medical Expenses: Costs incurred for the deceased’s medical treatment before death.
Funeral and Burial Expenses: Compensation for funeral and burial costs.
Lost Future Earnings: The income the deceased would have earned over their lifetime.
Loss of Consortium: Compensation for the loss of companionship, love, and support.
Loss of Inheritance: The amount the deceased would have likely accumulated and passed on to their heirs.
Pain and Suffering: Compensation for the emotional distress and mental anguish suffered by the surviving family members.
Punitive Damages: Judges may award punitive damages in cases of gross negligence, such as defective airplane parts or safety violations attributed to the airline company, pilots, or crew.

The Importance of Expert Witnesses

Aviation cases often involve complex technical and regulatory knowledge, making expert witnesses crucial. These experts can provide valuable insights and analysis to help establish liability. Some key roles of expert witnesses include:

Accident Reconstruction: Analyzing flight data, wreckage, and other evidence to determine the cause of the crash.
Mechanical Analysis: Evaluating aircraft maintenance records and identifying mechanical failures.
Pilot Performance Assessment: Reviewing pilot training, experience, and decision-making.
Regulatory Compliance: Assessing whether all relevant aviation regulations and operational standards were met.

Statute of Limitations

One of the most critical aspects families must understand is the strict time limits for filing wrongful death claims in aviation accidents. Each state has a statute of limitations, which sets a deadline for filing a lawsuit. Missing this deadline can permanently bar your family from recovering compensation. The statute of limitations varies by state. For example, in California, wrongful death cases must generally be brought within one year of the accident date, while Florida requires claims to be filed within two years of the decedent’s passing.

It’s essential to consult with an attorney as soon as possible to understand the applicable statute of limitations in your jurisdiction. The urgency becomes even more critical when you consider that NTSB investigations can take 24 months or longer to complete — well beyond the statute of limitations for wrongful death lawsuits. This means families cannot wait for official investigation results before taking legal action.

International Flight Considerations

When aviation accidents involve international flights, additional legal considerations come into play. The Montreal Convention often applies to accidents involving international flights, and the passenger’s travel itinerary becomes very important. This treaty can significantly impact both the damages available and the jurisdictional options for filing suit. The Montreal Convention establishes specific liability limits and procedures that differ from domestic aviation law, making it essential to work with attorneys experienced in international aviation cases.

Recent Wrongful Death Lawsuits

Recent examples of wrongful death lawsuits following plane crashes highlight the types of allegations and legal challenges involved. For instance, the families of victims of a plane crash in Northeast Philadelphia in January 2025 filed a wrongful death lawsuit alleging “carelessness” and “negligence” by the plane’s owner, citing failure to engage in regular and routine maintenance of the aircraft.

Navigating the Legal Process

Filing a wrongful death lawsuit after a plane crash involves several steps:

Consultation with an Attorney: Seek legal advice from an experienced aviation accident attorney.
Investigation: Conduct a thorough investigation to gather evidence and identify liable parties.
Filing a Complaint: File a formal complaint in the appropriate court.
Discovery: Gather additional evidence through interrogatories, depositions, and document requests.
Negotiation: Attempt to negotiate a settlement with the defendant(s).
Trial: If a settlement cannot be reached, proceed to trial to present your case before a judge or jury.

Seeking Legal Assistance

The aftermath of a plane crash is an incredibly challenging time for families. Understanding your legal rights and options is essential to ensure that justice is served and that you receive the compensation you deserve. Consulting with an experienced aviation accident attorney can provide invaluable guidance and support throughout the legal process. They can help you navigate the complexities of wrongful death lawsuits, identify all potentially liable parties, and fight for the full compensation you are entitled to under the law.