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Aviation Information Attorney at Law
434 NW 19th Avenue Portland, OR 97209
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Q:
I survived a plane or helicopter crash—now what should I
do?
A: Aviation accident litigation is
complex. Several different parties can be held liable, depending on the
proximate cause of the accident.
The owner and operator of an airline company may be liable, manufacturers or
maintenance suppliers can also be held liable in certain circumstances, and even
the federal government may bear some responsibility for the accident.
Therefore, you should consult a lawyer who has experience dealing with aviation
accidents. Q: How do I know what kind of case I have?
A: First, an experienced attorney can help you to determine what caused the
crash and who is at fault. Often, pilot error or controller error is at fault.
In other instances, manufacturer defects or inadequate or faulty maintenance can
lead to devastating crashes, in which case, crash survivors or relatives of
crash victims may have an actionable case against the airline or manufacturer
involved. Human error and mechanical difficulties are the most common
reasons behind aviation accidents.
The Federal Aviation Administration (FAA) and National Transportation Safety
Board (NTSB) are governmental agencies that create, implement, and oversee
airplane safety regulations. After determining the cause of the crash, your
attorney will look into which laws and regulations apply to the circumstances of
the crash. At a minimum, the FAA requires aircraft safety alerts that
cover airworthiness directives, maintenance alerts, and service difficulty
reports. All aircraft, whether commercial or private, is required to
be certified for airworthiness. If any of these directives has been
violated, a claim for negligence may be possible.
If the safety regulation itself is in
question, you may have a claim against the FAA or federal government.
Finally, it is important to note that certain risks are inherent in flying, and
sometimes a crash may have occurred due to weather or other factors beyond human
control. In some cases, there will
not be an actionable case against the airline or manufacturer, but a qualified
attorney can help you determine whether or not you have a case.
Q:
How will I be able to prove who is at fault or what
caused the crash?
A: Your attorney can help you obtain the testimony of an expert witness.
Cases often involve complicated and technical issues which require expert
testimony. An expert is called upon to properly interpret scientific literature
and draw conclusions from the facts and its relationship to the case at hand. Q: What kind of damages might I be able to recover
after a plane/helicopter crash?
A: Passengers who get hurt may be
compensated for the damages suffered as a result of the accident. Recoverable
damages include:
Q:
What kind of case do I have if my family member was
killed in a plane or helicopter crash?
A: The family of a passenger who was killed in a plane crash may be able to file
a wrongful death claim. This would
include some of the above damages, but would also include medical, hospital,
funeral and burial expenses and losses suffered by the decedent's spouse,
children, or next of kin such as loss of financial support, service, valuable
gratuities, and parental training and guidance. Q: How long do I have to file my claim?
A: It is important to contact an attorney as soon as you or a family member has
been involved in an airplane or helicopter crash.
As with other lawsuits, there is a statute of limitations that sets a
deadline for when lawsuits must be filed. The statute varies depending on where
the plane crash occurred, not where the flight originated.
Under the Montreal Convention, the statute of limitations for some
international flights is two years from the date of the accident. However,
because so many laws govern airline travel, it can be difficult to determine
which deadline applies in each plane crash.
Another factor that can change the statute of limitations is whether or not the
government is being sued in a plane crash. Shorter notice / statutes of
limitations generally apply to suits involving the government or a governmental
agency such as the FAA, and can sometimes be as short as year or six months
following an accident. Your attorney can
help you determine the deadline for when a suit must be filed.
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