Course Of Action After A Commercial Airplane Crash

Whenever you are putting your well-being into another party’s hands, it is advisable to know your rights. This is true whether you are going into the hospital for surgery, dining in a restaurant or taking a flight for business or personal travel. Although you will likely never be a passenger during an airplane crash or other mishap, it is a good idea to know you rights as an airline traveler. When these accidents occur, a personal injury and aircraft accident attorney helps victims and their families recover compensation for medical expenses, pain and suffering, and other damages.

Most of us prefer to remain somewhat ignorant of all of the potential accidents we could suffer during our daily lives. This is human nature, the need to enjoy ourselves and not focus on the negative. Others have suffered tragedy and become more cognoscente of risks associated with things like taking a plane trip.

When you purchase an airline ticket, there is a lot of information to process. You have to ensure you purchase the right ticket for the right date, select a seat, read the luggage allowances and so much more. Most of us neglect to even look at the fine print. In the fine print is information about accidents, crashes, potential injuries and death. If we read the small print associated with our ticket, we may never get on the plane at all, due to the fear associated with such details.

Airline Responsibilities to Passengers When an International Flight Accident Occurs

If you or someone you love are a passenger on an international flight under the International Civil Aviation Organization, passenger rights are covered under the 1999 Montreal Convention. If the airline is determined to be at fault for the accident, they must pay passengers or their families up to 13,100 special drawing rights (SDR). These special drawing rights are established to equalize passenger compensation across so many countries with different monetary systems and economies. The value of each drawing right is determined by the International Monetary Fund (IMF). In the U.S., the individual passenger payment of 13,100 SDRs currently equals about $156,660 American dollars.

If an airline cannot demonstrate they took the necessary steps to prevent the accident, there is no limit to the amount a passenger or their family can recover. But if the airline shows it did take all of the possible steps to prevent the crash, there are limits to how much they must pay each passenger or family.

Who is sued when passengers are injured or killed in an airline accident?

When an airline accident occurs, families are first guided by the Montreal Convention to sue the airline. If the investigation later indicates that there are other companies at fault, those parties may also be sued. Mechanics may become targets of a suit. Manufacturers are often responsible for building a faulty plane or defective part and may be added to the litigation. If there is negligence in the design or manufacturing of the aircraft, responsible parties can be held accountable in a lawsuit. Regardless of who other defendants are, one defendant will still be the airline. Many airplane crash lawsuits name multiple defendants.

What are the steps of a plane crash lawsuit?

Each country has its own steps for suing an airline and other parties considered negligent in a plane crash. In the United States, law firms cannot contact members of passengers’ families for at least 45 days following the crash date. But family members are not bound by this restriction. They can reach out to an attorney as soon as they feel ready to do so. Because cases in the United States can go on for years after the plane accident, it is advisable that family members or victims of a crash gain the help of a personal injury lawyer as soon as they are ready.

Is a plane crash lawsuit a class-action or should the lawsuit be filed by individual plaintiffs?

Often, a judicial panel determines it is best for all of the victims’ lawsuits to be handled as one case in U.S. Federal Court. This is because the number of victims can lead to multi-district litigation (MDL) that can be extremely difficult to manage. An experienced personal injury and airplane crash attorney can help you understand the filing process for your case, as well as how the case will likely proceed.

Hiring a Personal Injury Lawyer after an Airplane Accident

Not all airplane accidents are flights owned by major airlines. Some air crashes are sightseeing excursion planes, adventure tours, private aircraft or small, boutique airlines. These smaller aircraft crash more frequently than major airlines, as there are so many flights in the air each day.

If you or someone you love have been injured or killed in an aircraft accident, it is important to speak with a personal injury attorney as soon as possible following the crash. These types of accidents result in major medical costs that may extend throughout the rest of the victim’s life. There are other damages associated with such a crash, such as pain and suffering, loss of employment income and other costs. By seeking legal help, you can gain compensation to help defray these costs.