After a foreign airline disaster, families are left searching for answers to questions such as, How did this happen, Who is responsible, and What can be done? For U.S. citizens affected by an international plane incident, filing a lawsuit here at home might be possible, even if the tragedy occurred overseas.
At Podhurst Orseck, we’ve represented families in many aviation tragedies around the world. Here’s what you need to know about your rights, what filing a U.S. claim for a foreign airline disaster involves, and how we can help guide you through it.
Aviation disasters outside the U.S. often involve complicated international laws, multiple jurisdictions, and airlines based in other countries. Still, you may be entitled to file a claim in the United States if:
Filing your claim in a U.S. court also offers significant advantages such as access to broader compensation, stronger investigative tools, and the ability to hold multinational companies accountable.
Most international air travel claims fall under the Montreal Convention, an international treaty that governs airline liability in accidents involving:
The Montreal Convention also outlines where a victim’s family can bring a claim, often including the country of final destination or the passenger’s home country (if the airline operates there).
That means many U.S.-based victims or their families can pursue a claim right here at home, even if the incident occurred thousands of miles away.
If you’re considering filing a U.S. claim after a foreign airline disaster, it helps to gather as much documentation as possible. This allows our legal team to evaluate your options and build a solid foundation for your case.
Start with any flight and booking information you have, including your loved one’s ticket or itinerary, confirmation emails, and receipts. If the airline involved was operating under a codeshare agreement, be sure to note both the airline that sold the ticket and the one that operated the flight.
Next, try to collect any travel or incident-related records. This may include details about the crash, such as the date, location, flight number, and any communication from the airline, government agencies, or international authorities. If an official crash report has been released, even a preliminary version, that can also be useful.
Lastly, pull together any relevant personal or financial documentation. For surviving victims, this might include medical records or summaries of treatment. Proof of the victim’s income can help establish financial loss for wrongful death cases. Keep track of funeral, emergency travel, or other out-of-pocket costs incurred due to the crash.
We understand how daunting it can be to reach out to a lawyer after an international airline disaster, especially when you’re coping with loss and facing unfamiliar legal territory. At Podhurst Orseck, we approach every case with empathy, clarity, and purpose. Here’s how the process typically begins:
Our attorneys start by hearing your story in full. We’ll ask about your loved one’s travel itinerary, what you’ve been told so far, and any communication you’ve had with the airline or government agencies. Understanding the details of your situation helps us identify potential avenues for legal action.
Determining where your case can be filed is a critical early step. We assess:
These factors guide whether a U.S. court can hear your case and how to move forward strategically.
We don’t rely solely on official crash reports. Our team works with independent aviation experts, including engineers and crash reconstruction specialists, to determine exactly what went wrong and who may be held accountable.
After evaluating your case, we’ll explain every available legal path. This may include negotiating a settlement under international treaties, filing a wrongful death lawsuit in a U.S. court, or coordinating with legal teams in other countries when appropriate. You’ll understand what to expect at every step, including possible timelines and outcomes.
You’ll get clear, honest answers to your most pressing questions like:
We remove the guesswork so you can make informed decisions with confidence.
Foreign airline disaster claims filed in U.S. courts may allow for more complete compensation than those brought abroad. Depending on the case, you may be able to recover:
We work with economists, vocational experts, and medical specialists to ensure no aspect of your loss is undervalued.
Foreign airline crash cases are subject to time limits. Under the Montreal Convention, the general statute of limitations is two years from the date the aircraft was scheduled to arrive. But shorter or longer deadlines may apply depending on where your claim is filed or which defendants are involved.
It’s best to speak with an aviation attorney as soon as possible to preserve your rights and begin the investigative process before critical evidence is lost.
Podhurst Orseck has served as lead or co-lead counsel in landmark international aviation cases, including:
Our attorneys are known globally for their skill in high-stakes aviation litigation. We’ve recovered millions for crash victims and their families and are frequently appointed to leadership roles in multidistrict litigation (MDL).
Yes. If certain factors, such as ticket purchase location or airline operations, can connect your case to the U.S. under the Montreal Convention.
Not if the case is filed in the U.S. We handle the entire legal process here and often work with international experts remotely.
Usually, it is two years from the scheduled arrival of the flight, but exceptions may apply. Early consultation is key.
Possibly. Airlines often offer immediate payments after crashes, but accepting them doesn’t always waive your right to sue. Let a lawyer review any documents before signing.
Our tenured team isn’t new to this. Podhurst Orseck is a recognized leader in complex aviation litigation with a proven track record in global disaster cases. When you hire us, you get:
If you lost a loved one in a foreign airline disaster and believe your case may be connected to the United States, Podhurst Orseck is here to help. We offer free, no-obligation consultations, with meetings available nationwide or virtually, depending on your needs.
Call us today at 305-614-6597 or fill out our secure online contact form to contact our international aviation team to begin guiding you through the legal process with experience, care, and resolve.
