As of October 17, 2021, there have been six airline accidents this year, resulting in 110 deaths. These figures only account for commercial airlines carrying 14 or more passengers. Not every incident involves a full accident, but even smaller issues can leave you wondering if you have grounds to sue an airline.
Airlines, along with other forms of public transportation, are held to a high standard of care, known as the “common carrier” standard. This rule means that common carriers, like airlines, must exercise utmost care and vigilance toward passenger safety.
When issues arise mid-flight, it is crucial to have an aviation accident attorney by your side. Let’s look at five ways an aviation accident attorney can support your case.
1. You Don’t Need to Be Injured to File a Lawsuit
There are many reasons to file a claim against an airline, even if you haven’t suffered a direct injury. Situations like insufficient compensation for damages or emotional distress could qualify. Here are some examples:
- Injury or death from equipment failure
- Incidents like falling luggage that cause injury
- Emotional distress from events like being dragged off an overbooked flight
- Failing to assist sick passengers or refusing emergency landings
- Breach of contract, such as failing to follow federal regulations
- Damage or loss of luggage
If you experience any concerning incident on an airline, consult an aviation accident attorney. They will assess your case and advise on how to move forward.
2. Gathering Evidence to Determine Fault
While many assume the pilot is always at fault, airline accidents can have various causes. Your attorney will gather evidence, known as discovery, to identify the responsible party. Discovery includes collecting evidence from the airline, conducting witness interviews, and consulting experts.
Discovery may involve written questions (interrogatories) or requests for admissions, where the other party must confirm or deny statements. For aviation accidents, your attorney may also request documents, accident reconstruction reports, or depositions from pilots, crew members, and air traffic controllers.
Evidence gathered may reveal causes like:
- Pilot error
- Equipment malfunction
- Weather conditions
- Air traffic control error
- Programming or mechanical defects
- Maintenance issues
- Lack of fuel
- Engine or structural failures
- Issues during takeoff or landing
This evidence allows your attorney to build a case by identifying all responsible parties. In cases with many victims, they may also explore options for a class-action lawsuit.
3. Navigating Legal Standards and Regulations
Aviation accident claims are complex and involve various legal factors. Your attorney will assess if any party acted negligently, such as a pilot under the influence, fatigued crew members, or maintenance staff who missed safety checks. Negligent actions by airline staff can be key to proving fault.
Attorneys also consider issues with faulty equipment. If defective parts contributed to the accident, the manufacturer might share liability.
Two main agencies regulate aviation: the Federal Aviation Administration (FAA) sets safety rules for pilots, manufacturers, and flight operations, while the National Transportation Safety Board (NTSB) investigates accidents. The NTSB’s accident reports often serve as valuable evidence in determining fault and filing a lawsuit.
4. Determining Venue, Jurisdiction, and Legal Requirements
Unlike typical lawsuits, aviation cases involve multiple jurisdictions. For instance, if your flight took off in Ohio but the accident occurred in Texas, questions about jurisdiction arise. Your attorney will determine whether to file in state or federal court.
Most aviation accidents involve plaintiffs from different states or countries. These cases usually fall under federal jurisdiction under 28 U.S.C. §1332, which applies when plaintiffs and defendants are from different states and the claim exceeds $75,000.
Choosing the right venue is critical. An experienced aviation attorney will understand where to file your case, avoiding issues with incorrect jurisdiction that could lead to dismissal. In Texas, the statute of limitations for airplane accidents is two years, the same as other personal injury claims.
Your attorney will consider factors like the defendant’s business location and other case details to select the best court.
5. Negotiating Settlements or Taking the Case to Trial
After an aviation accident, the goal is to secure compensation for your damages. Damages may include medical bills, lost income, disfigurement, wrongful death, funeral costs, and loss of consortium.
Proving liability in aviation cases is challenging. Your attorney’s legal and aviation expertise is essential to building a strong case. Aviation accidents involve many types of aircraft, from commercial planes to private jets, helicopters, and even gliders. In smaller aircraft cases, commonly used in tourism or volunteer work, your attorney will approach the case with specific strategies.
If negotiations fail to yield a fair settlement, your attorney will be prepared to take your case to trial.
Consulting an Experienced Aviation Accident Attorney
The Law Offices of Omar Khawaja have experience handling large aviation cases, including actions against major companies like Boeing. These cases are progressing toward settlement despite delays. With our background in aviation accident cases, we are prepared to pursue justice against even the largest airlines.
If you’ve been involved in any airline incident, contact an aviation accident attorney at Omar Khawaja Law Firm for a free case evaluation. We work on a contingency basis, meaning you pay nothing unless we win your case. To schedule a consultation, call (713) 561-5454 or visit our online contact page.