Our aviation accident lawyers have helped countless individuals and families recover fair compensation in the wake of devastating tragedies.
Our attorneys handle all types of aviation accidents that involve commercial aircraft, private planes, helicopters, and more.
Our firm was involved in several high-profile aviation accident cases, including the 2019 Ethiopian Airlines Flight 302 tragedy, in which we represented 14 families against Boeing, the maker of the defective 737-MAX aircraft that claimed the lives of 157 people aboard.
Airlines, air manufacturers, and aircraft operators have a strict responsibility to ensure the reasonable safety of all those onboard, as well as those who work on or near aircraft. When these entities fail to meet this duty, resulting in serious injury or death, victims and/or their surviving loved ones have the right to seek compensation.
At The Law Offices of Omar Khawaja, PLLC, our Houston airplane accident lawyers have helped countless individuals and families recover fair compensation in the wake of devastating tragedies.
What are my rights if I was involved in an aviation accident?
Experiencing an aviation accident can be overwhelming, both emotionally and legally. It’s crucial to understand your rights and the steps you can take to protect yourself and your loved ones. At the Law Offices of Omar Khawaja, we believe that knowledge is power, especially in the aftermath of such traumatic events.
Here’s what you need to know about your rights following an aviation accident:
- Right to Compensation: Victims of aviation accidents have the right to seek compensation for medical expenses, lost wages, pain and suffering, and other damages. Our team can help you navigate this process effectively.
- Right to Legal Representation: You have the right to hire an attorney who specializes in aviation accidents. An experienced lawyer can guide you through the complexities of aviation law and ensure that your case is handled with the utmost care.
- Right to Access Information: You are entitled to obtain information regarding the accident, including investigation reports and maintenance records. This information can be vital in establishing liability.
- Right to File a Claim: Depending on the circumstances of the accident, you may be able to file a claim against multiple parties, including the pilot, airline, or aircraft manufacturer. Our team will help identify all potential avenues for compensation.
- Right to Emotional Support: The impact of an aviation accident extends beyond physical injuries. You have the right to seek emotional support and counseling to help you cope with the trauma.
Don’t navigate this challenging time alone. Now we will review these rights in further detail so you can better understand your legal options. If you have more questions, contact our dedicated team today to discuss your situation and learn more about how we can help you assert your rights and achieve the justice you deserve.
What kind of compensation can I expect after an aviation accident?
The main purpose of filing an aviation accident lawsuit is to recover financial compensation for specific monetary and intangible losses you have suffered as a result of the incident. Every case is unique, which means that each claim’s value depends on the specific legal situation’s circumstances. However, it is often possible to recover a certain set of “damages” following these types of events.
Common damages in aviation accident cases include:
- Current and ongoing medical expenses
- Lost work wages for time missed
- Future lost earning capacity
- Physical pain and suffering and mental anguish
- Lost enjoyment of life
- Wrongful death awards for survivors
If the defendant is found to have acted with gross negligence or extreme disregard for the safety of others, it may also be possible to recover punitive damages.
Rather than compensate victims for specific losses, punitive damages are meant to punish defendants who have acted far outside the law and scope of legal responsibility, as well as to ensure that similar acts do not occur again in the future.
Before accepting an insurance settlement, you will want to discuss the offer with a knowledgeable lawyer. Once you execute a settlement agreement and release of all claims, you no longer hold the legal right to pursue additional compensation if you discover that your injuries or losses are much worse than previously thought.
Because of this, we strongly encourage you to contact our Houston aviation accident attorneys before agreeing to a settlement or signing anything provided to you by the insurance company.
What kind of injuries are common in aviation accidents?
There are several ways that an aircraft can injure someone, whether it is in motion or not. Depending on the severity of the accident, these injuries can be catastrophic and may even lead to death.
Some of the most common types of injuries sustained in aviation accidents include:
- Head, neck, and spine injuries
- Traumatic brain injury (TBI)
- Spinal cord and nerve damage
- Burn injuries
- Electrocution
- Soft tissue damage
- Broken bones
- Amputations
Treating serious aviation accident-related injuries, or navigating the loss of a loved one, can be incredibly expensive. At The Law Offices of Omar Khawaja, PLLC, we believe that you should not have to pay for the damages that another party caused you.
By identifying the liable party, we can help you seek fair financial compensation for your medical bills, lost income, lost quality of life, pain, suffering, and other damages.
How do I establish liability after an aviation accident?
One thing that makes aviation accident cases so challenging to navigate is the fact that multiple parties may share liability. In other words, there may be more than one person or party at fault.
When you hire the Houston aviation accident lawyers at The Law Offices of Omar Khawaja, PLLC, we will carefully examine the cause of your accident to identify all responsible parties, including third parties, who are legally responsible for paying for the losses they caused you.
Depending on the results of both state and federal investigations by the authorities, as well as our own private investigation into the incident, one or more of the following parties may be liable:
- The pilot or co-pilot
- The airline or air carrier
- Certain third-party contractors
- Air traffic controllers
- Airport personnel
- An aircraft manufacturer
Another element that makes aviation accidents challenging to negotiate is the fact that aircraft vehicles typically cross state or country borders.
Whether your flight resulted in injuries in Texas or elsewhere, our team knows to take appropriate legal action so that your claim starts on the right foot. We will consider jurisdiction and inform you if your claim should be filed in Houston or elsewhere.
How do I determine negligence after an aviation accident?
Negligence is a descriptive legal term, referring to the reckless or careless actions or inactions taken by the liable party. Negligence is one of the cornerstones of your case. Proving negligence requires admissible evidence and a strong command of personal injury and insurance laws.
Proving negligence in your aviation accident case involves establishing the following:
- An airline, operator, or manufacturer owed you a general duty of care
- The identified defendant failed to meet that duty by acting unsafely, negligently, or wrongfully
- The defendant’s acts or omissions resulted in your accident
- The accident led to subsequent injuries or the wrongful death of a family member
- Your injuries or the death of your family member caused you financial harm
Often, the insurance company will argue that the defendant did not act negligently or wrongfully. They may also question whether the defendant’s acts or omissions truly caused the incident that led to your injuries or the death of your loved one. The insurer and adjuster will have their own version of events, which may go against yours.
However, a comprehensive investigation by your legal team may reveal that the situation is not as objective as it seems. As we discover any new findings that speak to the cause of your injuries, our aviation accident attorneys will document evidence that we can submit on your behalf when making a demand.
What happens if the pilot or aircraft operator was negligent?
Along with mechanical failure, human error is one of the leading causes of aircraft accidents. Tragically, operator error frequently leads to devastating and deadly crashes, resulting in extreme loss of human life. Survivors of such incidents are likely to experience catastrophic, life-changing injuries.
At The Law Offices of Omar Khawaja, PLLC, we represent victims of aviation accidents caused by operator error.
Our team is adept at investigating these claims and determining whether a pilot, co-pilot, or another individual was responsible for the incident that led to your injuries or the loss of your loved one. We can help you pursue a claim against a:
- Commercial airline operator: In general, commercial airlines are subject to the laws and regulations set forth by the Federal Aviation Act (FAA). The FAA requires airline operators to maintain and meet a duty of care to keep you and other passengers safe. If they fail to do so and cause your injuries, you have the right to file a compensation claim.
- Private aircraft operator: Airline operators who carry fewer than 20 passengers on a plane are subject to the rules of the General Aviation Revitalization Act (GARA). There are timelines by which you have to file a claim, which means that you should contact an airline operator negligence lawyer right away to ensure that you don’t lose your right to file a lawsuit.
Our Houston aviation accident attorneys have extensive experience navigating complex state and federal aviation laws. We are well-versed in the personal injury and civil litigation court systems and know how to effectively protect your rights against the interests of large corporations, powerful manufacturers, and other major entities.
Why should I hire an aviation accident attorney?
Aviation accidents are often subject to specific, intricate laws.
As such, it is imperative that you talk with an aviation accident lawyer in Houston who not only understands these laws but also has demonstrated experience in successfully helping victims of airline and aircraft manufacturer negligence secure compensation.
Our team can investigate the cause of your accident and mount a powerful case against any negligent parties.
You should know that you have a limited amount of time to bring your case to court; we encourage you to reach out to our firm right away to learn how we can help. If you wait too long, you could lose your right to file a lawsuit against the liable party.
By working with an experienced and knowledgeable attorney from The Law Offices of Omar Khawaja, PLLC, you put yourself in the best possible position for success. Our Houston aviation accident attorneys know how to navigate the legal system and fight for the maximum recovery you and your family are owed.
What types of aviation accidents do attorneys handle?
“Aviation accidents” is a term used to refer to all types of accidents involving various aircraft. This includes deadly plane crashes, as well as other types of aircraft-related incidents leading to injury or death.
Some examples of aviation accidents include:
Airplane Accidents
Airplane crashes often cause massive injuries and devastation to those who are involved. These types of accidents can result from human error, mechanical malfunctions, and more. Other types of airplane accidents involve onboard incidents leading to injuries, such as slips and falls, or injuries caused by unsafe conditions or hazards.
Helicopter Accidents
Helicopter components and controls are complicated. To make matters worse, in the event of a failure, a helicopter does not glide like a plane. A malfunction on any part of the aircraft can result in a helicopter accident with severe injuries or fatalities.
Operator Negligence
Many aviation accidents are caused by a pilot’s mistake or another type of operator error. Some of these accidents result from misjudgments or poor training. Even experienced pilots struggle to fly in bad weather conditions, including rain, snow, lighting, and wind.
Commercial & Private Aviation Accidents
Liability after an aviation accident may depend on whether it was a commercial or private flight. On a commercial flight, you are most likely able to file a lawsuit against the airline company.
You may also have a third-party claim or civil lawsuit against the pilot or other individuals directly responsible for your damages.
With private flights, liability may be more complicated. You may need to file a claim against the pilot or operator’s insurance provider, the manufacturer of a defective part, or some other entity.
Offshore Helicopter Transport Accidents
Some of the leading causes of helicopter crashes include dangerous weather conditions, operator error, and negligence. These risks are significant enough for many oil companies to demand that workers undergo accident survival training. Unfortunately, this does not stop offshore helicopter transportation accidents from happening, nor does it guarantee the safety of those involved in such incidents.
Onboard Accidents
Although plane and helicopter crashes are the types of aviation accidents most likely to make the news, other types of aviation accidents can also lead to bodily injury or fatalities.
Unsafe conditions aboard aircraft may lead to serious accidents, such as falls, which could result in severe injury, illness, or death.
When negligence plays a role in your injury or loved one’s death, you can rely on our firm to fight for you. Our entire team is committed to providing you with compassionate legal support during this time. As your Houston aviation accidents lawyers, we will stand by your side regardless of the challenges you face.
How much time do I have to file an aviation accident claim in Texas?
The statute of limitations on most personal injury lawsuits in Texas, including those involving aviation accidents, is two years from the date of injury or the date on which the injury was discovered.
In wrongful death cases, the statute of limitations is two years from the date of death (with few exceptions). This deadline may vary according to the details of your case, but this is rare.
Our team can help you confirm whether the statute of limitations has expired and, if you are still eligible to file a lawsuit, make sure that you do not miss the filing deadline.
Even if you think you missed the deadline to file your claim, reach out to The Law Offices of Omar Khawaja, PLLC for help exploring any additional possibilities. There are very few exceptions to the statute of limitations rule, but you may still have an actionable case if one of these exceptions applies to your case.