Navigating Legal Claims After an Aviation Accident: What’s Different?
Aviation accidents differ significantly from other types of personal injury cases. While the immediate goal is the same—recovering from injuries and losses—the procedures, laws, and potential defendants are more intricate.
At Oldham & Smith, we understand that experiencing an aviation accident can be overwhelming and life-altering. Unlike car or slip-and-fall incidents, aviation accidents often involve multiple parties, complicated regulations, and federal oversight.
If you've been involved in an aviation accident, it's critical that you reach out to a lawyer who can help manage the challenges of your claim and protect your rights. Contact us today to discuss your case and learn what steps you should take immediately following an aviation accident. We serve clients throughout Lake County, Florida.
Aviation Accident Cases
In a car accident, liability often rests primarily with one or two drivers. Aviation accidents, however, frequently involve a much broader spectrum of potential responsible parties, creating a complicated web of claims. These can include:
Airlines: The carrier operating the flight may be held liable for pilot error, maintenance failures, or operational negligence.
Aircraft manufacturers: If the accident is linked to a design flaw, manufacturing defect, or faulty component, the manufacturer of the aircraft or its parts could be a defendant.
Maintenance crews/organizations: Third-party maintenance providers or an airline's internal maintenance team could be held responsible for improper repairs or overlooked issues.
Air traffic controllers: Errors or negligence on the part of air traffic controllers, often federal employees, can also contribute to accidents.
Component manufacturers: Beyond the primary aircraft manufacturer, makers of specific components (e.g., engines, avionics, landing gear) may be implicated if their product failed.
Airport authorities: In some cases, issues related to airport infrastructure, runways, or ground operations could lead to liability.
Identifying all potentially liable parties requires extensive investigation and a deep understanding of the aviation industry's operational structure. Each party may have its own insurance carriers, legal teams, and defense strategies, making multi-party litigation particularly challenging.
Immediate Steps After an Aviation Accident
After any aviation accident, quick action is critical. Our approach focuses on protecting evidence and documenting injuries from the outset. Key steps include:
Seek medical attention: Even minor injuries should be assessed by a healthcare professional.
Preserve evidence: Retain any boarding passes, tickets, luggage records, or communications with the airline.
Document injuries and losses: Take photos, keep receipts, and maintain a journal of medical treatments and expenses.
Report the incident: Notify the airline and relevant aviation authorities as required.
These steps lay the groundwork for a strong claim and help us address the aviation accident from the start.
Purpose of Federal Regulations
One of the major differences in aviation accident claims is the role of federal regulations. While state laws govern car accidents and slips or falls, aviation accidents are often influenced by:
FAA rules: Aircraft operation, maintenance, and pilot certification standards impact liability.
National Transportation Safety Board (NTSB) involvement: The NTSB investigates accidents and issues reports that may affect claims.
Federal courts: Many aviation cases are filed in federal court due to the interstate nature of air travel.
We work to interpret these regulations to determine how they apply to your aviation accident, giving us a clear path to pursue recovery for you.
Determining Liability in Aviation Accidents
Liability in aviation accidents is rarely straightforward. While a driver’s fault in a car accident might be easy to determine, aviation incidents can involve multiple parties:
Airlines: Operational errors, inadequate training, or maintenance failures may create liability.
Aircraft manufacturers: Defective parts or design flaws can make manufacturers responsible.
Maintenance crews: Improper inspections or repairs may contribute to accidents.
Air traffic control: Mistakes in guidance or coordination can also be a factor.
Pinpointing responsibility requires meticulous analysis of flight data, maintenance records, and regulatory compliance.
Handling Insurance and Compensation
Because multiple insurers may be involved, coordinating claims is a critical step in achieving fair compensation for an aviation accident. Insurance claims in aviation accidents differ from typical personal injury cases. Policies may include:
Airline liability insurance: Airlines carry significant coverage that may limit payouts based on federal regulations.
Personal policies: Travelers may have supplemental coverage for injuries or lost property.
Manufacturer or operator insurance: Aircraft manufacturers and maintenance providers carry separate liability policies.
Because multiple insurers may be involved, coordinating claims is a critical step in achieving fair compensation for an aviation accident. Legal guidance is often essential to manage the challenges of these overlapping policies and assure all potential avenues for recovery are explored. This specialized knowledge can significantly impact the outcome for victims.
Time Limits and Filing Deadlines
Another key difference in aviation accident claims is the strict filing deadlines. Federal and state laws set limits on when claims can be submitted:
Federal statutes: Many aviation accident claims must be filed in federal court within two years of the accident.
State statutes: State-specific personal injury laws may also apply depending on the accident’s location.
International flights: For international incidents, treaties may dictate shorter deadlines.
Missing these deadlines can bar recovery entirely, so we focus on timely filing from the outset.
Investigating Aviation Accidents
Investigations into aviation accidents are detailed. These investigations often involve flight recorders, where cockpit voice recorders and black boxes provide crucial data. Additionally, maintenance logs and aircraft records help trace possible mechanical failures. Witness statements from crew, passengers, and ground personnel can also provide key insights.
Gathering this evidence early is essential because it may be lost or altered over time. This investigative step directly links the accident to potential liability.
Common Injuries and Damages in Aviation Accidents
Injuries from aviation accidents can be severe and long-lasting, often differing from those in car accidents:
Traumatic brain injuries: Impact or turbulence can lead to lasting cognitive impairments.
Spinal cord injuries: Sudden forces during a crash can cause paralysis or long-term mobility issues.
Broken bones and fractures: High-impact collisions can fracture multiple bones.
Psychological trauma: Survivors may face PTSD or severe anxiety related to flying.
Property loss: Luggage, personal belongings, and electronic devices may be damaged or lost.
Documenting injuries and losses helps us establish the full impact of the aviation accident on your life.
Settlement Negotiations Versus Trials
Many aviation accident claims resolve through settlement negotiations rather than going to trial. Settlements can offer faster resolution, avoiding prolonged court procedures to reduce stress and uncertainty. They also provide controlled outcomes, offering a clear agreement on compensation amounts. Unlike trials, settlements are typically confidential, making sure privacy is upheld.
If settlement isn’t feasible, we prepare for trial by organizing evidence, consulting aviation experts, and developing legal strategies tailored to your aviation accident claim.
Working With Aviation Experts
Aviation cases often require professional insight. Experts may include:
Aerospace engineers: Analyze aircraft systems and possible malfunctions.
Pilot trainers: Evaluate crew performance and training standards.
Accident reconstructionists: Determine how the crash occurred and identify contributing factors.
Collaborating with these professionals helps us build a strong foundation for your case and clarifies technical issues for courts and insurers.
Contact Us Today
If you've been involved in an aviation accident, it's important that you act quickly. At Oldham & Smith, we help clients in Tavares, Florida, and Lake County, Florida, understand their options, gather crucial evidence, and pursue compensation.
Reach out today to schedule a consultation and take the first step toward resolving your aviation accident claim with confidence.
