Individuals who survived an aviation accident can recover damages for their physical bodily injury, pain, and suffering, loss of wages, and medical bills, both past, and future. In the event of a death, the relatives can recover damages for funeral expenses, the loss of support, and others. For aviation accidents, punitive damages are barred under the Warsaw Convention. In most aviation accidents the responsible parties can include the pilot, the owner, the insurer, the manufacturer, the airline, or air traffic controllers.
Aviation accidents can be the result of several factors, the most common being linked to flying errors, faulty design, maintenance failures, and lapses in communication.
If an individual survives an aviation accident, the damages he or she can recover include pain and suffering, loss of wages, and medical bills, both past and future.
In the event of an accident involving death, the relatives can recover damages for funeral expenses, the loss of support the victim would have provided, and others. Punitive damages are barred under the Warsaw Convention.
In a case involving private crashes, the responsible parties can include:
In the case of commercial flights, the responsible parties can include air traffic controllers, the airline, and the manufacturer of the airplane.
The Warsaw Convention and the Montreal Agreement signed by several airlines created strict damage limitations:
Airplane crash investigation by experts can often determine the cause of a crash even if no one survives. All airliners and many charter aircraft contain instruments called flight data recorders and cockpit voice recorders. Radar information and careful investigation of the wreckage also tell investigators why a plane crashed.
In an airplane crash where it is very difficult, if not impossible, to establish the precise cause of the crash, the doctrine of res ipsa loquitur protects plaintiffs. Res ipsa loquitur can make an impossible case to prove, provable. If the following 3 conditions are met, there is a presumption of negligence:
Thus, in almost every airplane case brought by anybody other than the pilot or co-pilot, there will be a presumption of negligence if the airplane crashes.
If you or a family member have been involved in an aviation accident, the time to get help is right now. Contact the top-rated law firm The Law Offices of Sean M. Cleary today to schedule your free, no-obligation consultation with our Miami aviation accident lawyer.
Even though investigations for these types of accidents can take longer than for other cases due to their complexity, we can offer the necessary assistance and support for anyone who wishes to use our services. We closely collaborate with accident investigators or other aviation experts to establish proper liability and increase your chances of winning in court.