FAQ: My loved one was killed in a crash of a homebuilt (kit) aircraft. Does that affect my ability to bring a lawsuit?
It depends on what your relation is to your “loved one.” If you are an immediate family member, such as a spouse or child, you may bring a wrongful death lawsuit. Likewise, if you are the parent of the deceased victim, you may have standing to bring a lawsuit. If the “loved one” is your
Read MoreFAQ: How do injury laws differ between domestic flights and international flights?
If you are injured in a domestic flight, typically the NTSB or the FAA will investigate the occurrence that caused the injury and issue a report. Internationally this is not the case. Unfortunately, if you are injured in an international flight, depending on where the incident occurs, a local agency that does not have the
Read MoreFAQ: What is a “statute of repose” in regards to an aviation accident?
A statute of repose can limit the ability to bring a lawsuit for product defects in various aviation parts, depending on how long it has been used. This means that if the part is older than a pre-determined number of years, it is exempt from a lawsuit if it fails and causes injury. For example,
Read MoreFAQ: What are the most common causes of an airplane accident?
The most common causes of airplane crashes involve pilot mistakes or errors and equipment malfunctions. Weather can also play a factor in airplane crashes.
Read MoreFAQ: What sort of injuries are most common in plane crashes and other aviation accidents?
There are no common injuries in airplane crashes. Aviation accidents can be catastrophic resulting in hundreds of deaths. However, they can also be minimal depending on the nature of the incident. If the plane is on the ground and there is a minor issue, the injuries can be minor in nature. However, when a plane
Read MoreFAQ: Who can be held responsible for an aviation accident?
Many different entities or individuals can be help responsible for an aviation accident. Who bears fault will depend on the specific facts surrounding the specific case at issue. Sometimes an error can occur due to pilot error, in that case maybe the airline employee is at fault. Other times a piece of the plane could
Read MoreFAQ: How long does an aviation lawsuit take, and how much of my time will it consume?
Aviation lawsuits are very complicated and can take years to resolve. There is no set time frame on average, but from beginning to end if your case involved filing a lawsuit, you will be looking at several years to fully litigate your case.
Read MoreFAQ: Imagine I’m in a plane crash that takes off from one state, is scheduled to land in another, but instead crashes in a third. In which state would my lawsuit be filed?
It depends. Legally you can choose the venue you file a lawsuit in, which could include the origin or where the flight took off, the specific place where the incident occurred, the airlines headquarters, or potentially in federal court. An experienced attorney can investigate what venue is most advantageous and file your lawsuit in the
Read MoreFAQ: Should airplane crash victims or their families discuss settlement with the airline or its insurance company?
No. It is never advisable for you to try and negotiate a settlement on your own behalf. These airlines and insurers have decades of experience in settlement negotiations and you will always be at a disadvantage. You should always seek out an experienced attorney who can advocate and negotiate for you.
Read MoreFAQ: What roles do the NTSB or FAA play following an airplane crash, and how might that impact me?
The NTSB and FAA often conduct investigations following an aviation incident. The NTSB’s primary focus is trying to identify the cause behind any one incident. The FAA also serves this function but will also intercede when criminal activity is involved. These agencies independent investigations can sometimes establish a case for negligence, however, they can also
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