When an aviation accident happens, lives change in an instant. Whether it’s a major commercial airline disaster or a tragic private plane crash, the aftermath is devastating. Families are left grieving, shocked, and searching for answers, both emotionally and legally.
This process can be overwhelming and families deserve clarity, compassion, and confidence as they explore their legal options. Below, our aviation accident attorneys answer some of the families’ most pressing questions after an airplane accident.
What Rights Do Families Have After an Aviation Accident?
When a loved one dies in an aviation accident, surviving family members may have the right to pursue a wrongful death claim. This type of claim can provide financial compensation for losses such as funeral expenses, loss of income, emotional suffering, and the loss of companionship.
Aviation cases are rarely straightforward. They often involve multiple layers of liability, from aircraft manufacturers and maintenance crews to air traffic controllers and airline operators.
Working with a law firm with the experience and global reach to handle complex aviation matters is crucial.
Can You Sue If a Plane Crashes?
Yes, in most cases, you can sue if a plane crashes, especially if injuries or fatalities occur. The success of a lawsuit, however, depends on proving negligence or fault on the part of the airline, pilot, manufacturer, or other responsible parties.
Who Can Be Held Liable?
Determining liability in an aviation accident is a complex process often involving multiple parties. A knowledgeable aviation law attorney will conduct a thorough investigation to identify and hold every responsible entity accountable through strategic legal action.
Parties that can be held liable include:
- Airlines
- Pilots
- Aircraft Manufacturers
- Maintenance Providers
- Government (FAA, Air Traffic Control)
What to Prove in a Lawsuit
Successfully pursuing an aviation accident claim requires proving that negligence or wrongdoing directly caused the crash and resulting harm. These cases often involve technical evidence, expert testimony, and detailed analysis to establish fault and liability.
- Negligence: You’ll need to demonstrate that a party (airline, pilot, etc.) failed to exercise reasonable care, which directly caused the crash and injuries.
- Duty of Care: You need to show that the responsible party had a legal duty to protect passengers and others from harm.
- Causation: You must prove that the negligent party’s negligence directly caused the crash and the resulting injuries or deaths.
Types of Damages Recoverable
Victims and their families may be entitled to a range of damages depending on the circumstances of the crash. These can include both economic losses, like medical bills and lost income, and non-economic losses such as emotional distress and loss of companionship.
- Medical Expenses: Coverage for treatment, rehabilitation, and ongoing care.
- Lost Wages: Compensation for income lost due to injuries.
- Pain and Suffering: Compensation for physical pain, emotional distress, and loss of enjoyment of life.
- Wrongful Death Damages: In cases of death, families can sue for funeral expenses, loss of companionship, and lost future earnings.
Important Considerations
Pursuing an aviation accident claim involves more than just identifying who was at fault—it also requires understanding the legal, procedural, and logistical complexities involved. Knowing what to expect can help you make informed decisions and prepare for the challenges ahead.
What Evidence Will Be Gathered?
Key evidence in an aviation case may include black box data, cockpit voice recordings, air traffic control logs, weather conditions, pilot and maintenance records, and witness testimony. Your legal team can also work with aviation experts to analyze technical issues that contributed to the crash.
Who Investigates the Case?
Agencies like the National Transportation Safety Board (NTSB) or Federal Aviation Administration (FAA) typically lead the investigation into aviation accidents. In some cases, local law enforcement or international authorities may also be involved, depending on where the crash occurred.
Should You Wait for the Investigation to Conclude?
No, you do not need to wait for the official investigation to finish before contacting a lawyer. In fact, early legal involvement can help preserve evidence, initiate parallel investigations, and ensure your rights are protected from the start.
Where Can I Get the Investigation Reports?
To understand the cause of the accident, you may need to request and review reports from investigating agencies like the NTSB. These documents can take months to complete but often serve as key evidence in civil litigation.
Who Has Jurisdiction in International or Private Plane Crashes?
Whether a crash involves a commercial airline on a transatlantic route or a privately owned aircraft within the United States, families still have legal options, but the approach may vary.
- International Flights: If the flight was international in nature, treaties like the Montreal Convention limit liability but also offer certain guarantees for compensation.
- Private or Charter Flights: These often involve different insurance policies, fewer federal regulations, and a need to dig deeper into pilot qualifications, maintenance records, and operational oversight.
In either case, the complexity of aviation law makes it critical to engage a team with specific knowledge in this field. Unfortunately, airlines and insurers frequently respond to these claims by disputing jurisdiction, shifting blame, or offering quick, low-value settlements to avoid full accountability.
Types of Legal Claims After an Aviation Accident
After an aviation accident, victims and their families may have several legal avenues to pursue compensation and accountability. The type of claim will depend on the cause of the crash, who was involved, and the specific losses suffered.
Personal Injury Claims
Injured survivors can file personal injury lawsuits against airlines, manufacturers, or other responsible parties. These claims help recover compensation for:
- Emergency medical care and long-term treatment
- Lost income or future earning capacity
- Pain, suffering, and emotional trauma
- Permanent disability or rehabilitation costs
Wrongful Death Claims
When a loved one is killed in an aviation crash, surviving family members can pursue a wrongful death claim. These lawsuits seek compensation for:
- Funeral and burial expenses
- Loss of the deceased’s financial support
- Loss of companionship, guidance, and emotional support
- Mental anguish and suffering
Product Liability Claims
If the accident was caused by a defective aircraft component or design flaw, victims may file a product liability claim against the faulty part’s manufacturer, supplier, or designer. These claims often rely on expert analysis and crash investigation findings to establish liability.
Government Liability Claims
In situations where a government agency, such as the FAA or air traffic control, acted negligently, victims may be able to bring a claim under the Federal Tort Claims Act (FTCA) or similar laws. These cases have strict notice requirements, shorter filing deadlines, and unique procedural rules that require experienced legal guidance.
International or Multinational Claims
If the flight was international or involved a foreign carrier, claims may be governed by international treaties like the Montreal Convention, which outlines passenger rights and liability standards. These cases require specialized legal strategies to navigate jurisdictional and legal complexities across borders.
How Soon Should Families Take Legal Action?
Understandably, many families hesitate to pursue legal action while still reeling from grief. Unfortunately, there are strict time limits, known as statutes of limitation, for filing claims related to aviation accidents. These deadlines vary by jurisdiction, and international laws can further shorten those windows.
Reaching out to a legal team early doesn’t mean rushing into litigation. It means protecting your rights, preserving critical evidence, and giving yourself space to make informed decisions when the time is right.
Talk to a Podhurst Orseck Aviation Accident Lawyer Today
If you’ve lost a loved one in an aviation accident, we encourage you to reach out. Whether you’re ready to take legal steps now or simply want answers about what to expect, our team is here to listen and support you. At Podhurst Orseck, we’ve built a reputation as one of the most experienced aviation law firms in the world. Our lawyers have been handling aviation cases since the firm’s inception in 1967.
Contact Us at (305) 928-8501 or through our online contact form. You don’t have to navigate this alone. At Podhurst Orseck, we’re ready when you are.
