Today, air travel remains one of the most preferred, safest, and fastest modes of transport. Whether you want to travel the world for a holiday, business, or any other reason, you cannot regret using an airplane to reach your destination. While airplane accidents are rare, they do occur, and when they do, they can cause catastrophic injuries to those onboard, including brain injury, spinal cord injury, or sometimes death. Fortunately, you could qualify for damages compensation when you take the proper steps after the accident, including retaining the services of an attorney.

An aggressive and experienced personal injury attorney can help you determine the individual, company, or entity liable for your injuries and calculate your claims worth for adequate compensation. Do not agree to settle your compensation claim before consulting with your attorney for legal guidance. Your attorney will negotiate with the liable party insurer to secure fair compensation for your injuries resulting from the airplane accident or file a lawsuit against them, if necessary.

Examples of Catastrophic Injuries You Could Suffer in an Airplane Accident

While the pilots and the passengers onboard are the most common victims of airplane accidents, others, including airline workers and spectators watching an airshow, could suffer an injury or die in an airplane accident. Whether you are onboard or outside the plane, you are likely to sustain severe and catastrophic injuries in an airplane accident.

Catastrophic injuries can cause permanent or long-lasting pain or loss of use or function of your body organ or limb. Sometimes, these injuries will not reveal or appear serious immediately after the aircraft accident, but they could cause life-changing health problems weeks or months later.

That is why it is advisable to seek the services of a medical practitioner or doctor immediately after an airplane accident for examination to determine whether you have any internal injuries requiring immediate medical attention. Examples of catastrophic injuries you can sustain in an airplane accident include (but are not limited to) the following:

  • Disfigurement and scarring
  • Loss of vision or hearing
  • Spinal cord injury or permanent paralysis
  • Organ damage
  • Loss of a body limb or amputation
  • Brain injuries that could affect your mood balance, physical balance, and cognitive abilities
  • Traumatic brain injury

Aside from the pain and suffering you will endure, you will incur financial losses, like medical bills and loss of income or wages. That is why you should take proactive approaches to hold the at-fault party accountable for these losses as soon as possible.

Do I Qualify for Compensation in an Airplane Accident?

As soon as the dust settles after an airplane accident and you receive the medical attention you need, you could wonder whether or not you are eligible for compensatory damages for your losses resulting from the accident. In a typical personal injury lawsuit, you only need to prove that another person's fault or negligence caused the airplane accident and your injuries.

Liability Areas in an Airplane Accident

To secure fair compensation after an aircraft accident, you must identify the liable party, and that is where the services of an attorney become more valuable. Sometimes, when an airplane accident occurs, no one is liable. For example, if the cause of your accident is adverse weather conditions, like storms, you will have no one to hold at fault for your injuries.

Nonetheless, most airplane accidents are due to human mistakes or errors. Once you contact your attorney, he/she must conduct a thorough investigation to determine the cause of the accident that led to your injuries. Generally speaking, the potential liable party will depend on your case's unique facts and circumstances.

The following legal doctrines are typically the foundation for liability in most airplane accidents:

Negligence

Whether the aircraft is private or commercial, you could qualify for compensation if you can prove negligence in your case. If the entity or owner of the aircraft breached his/her duty of care to avert the accident, he/she will be accountable for all your losses caused by the airplane accident. Potential negligent parties in an airplane accident whom you could sue for damages include:

  • The plane owner
  • The pilot
  • Maintenance company
  • Plane manufacturer
  • Federal government

Strict Product Liability

If the primary cause of the aircraft accident that caused your injuries was a mechanical or equipment failure, you could have a strong product liability claim. According to strict liability legal doctrine, when you suffer an injury due to a defective or faulty product, manufacturers or makers of this product will be liable for all your losses resulting from the accident.

In an aircraft accident, the defendants in your strict product liability claim could be either the plane manufacturer or manufacturers of one of its components. Generally speaking, a defective product claim could be based on any of the following three issues:

     1. Design Defect

If a component of the airplane had a faulty design, meaning it could fail to perform as expected, the product's maker would be accountable for your injuries.

     2. Marketing Defect

If the manufacturer of one of the components of the airplane fails to give adequate warning on how to use it safely, the company will be liable for your injuries if your lawsuit is successful.

     3. Manufacturing Defect

If the design of a specific part of the airplane was safe but accidentally or intentionally manufactured improperly, the product's maker could be accountable for all your losses resulting from the accident.

Considering that an airplane has several parts or components, it could be challenging to determine which part caused the accident that left you with injuries and other financial losses.

Potential Damages in an Airplane Accident

Catastrophic injuries will most likely attract unexpected and unaffordable medical expenses. That is why you need a settlement that covers all these costs and any other possible future medical costs associated with your injury. If you or a loved one has sustained catastrophic injuries in an airplane accident, he/she could qualify for compensatory damages if his/her claim or lawsuit against the liable party is successful.

Below are various categories of compensatory damages you could receive if your airplane accident claim against the fault party works in your favor:

Economic Damages

Economic damages will cover all the financial costs you have incurred or will likely incur in the future due to the airplane accident. They include (but are not limited to) the following:

  • Psychology therapy costs
  • Loss of earning capacity
  • Lost income
  • Medical costs
  • Short-term or long-term care costs
  • Physical or occupational therapy costs
  • Out-of-pocket expenses

The court will use testimonies from your doctors and physical therapists to determine your total medical expenses. In most cases, an economist will be summoned to court to ascertain how much you require if you have lost earning capacity due to the catastrophic injuries caused by an airplane accident.

Non-Economic Damages

In a personal injury lawsuit, non-economic damages are available to compensate you for all subjective losses you cannot attach monetary value to, such as:

  • Loss of joy in life
  • Pain and suffering
  • Disfigurement
  • Anxiety and mental anguish

While no formula is available to calculate non-economic damages, your attorney will access the facts of your case to determine how much the at-fault party should pay you for all these losses.

Punitive Damages

Punitive damages are awarded in a personal injury lawsuit to punish the offender and deter him/her from repeating the negligent, intentional, or atrocious acts that caused the airplane accident.

How much you could receive as compensation for your airplane accident claim will depend on the facts of your unique case and your attorney's aggressiveness.

If a family member died after an airplane accident, you could qualify for damages by filing a wrongful death lawsuit against the at-fault party. In a successful wrongful death lawsuit, the surviving family members of the bereaved could be eligible for compensation for the losses listed below:

  • Loss of companionship
  • Loss of financial support
  • Funeral and burial expenses
  • Hospital medical costs incurred before his death

What to Do and Not Do After an Airplane Accident

An airplane accident can be legally complex because several parties, including large companies like airlines and the federal government, could be involved. The accident report from the police will tell you the probable causes of the aircraft accident, but it will not tell you who is at fault. It is your attorney's job to investigate the case and determine who to sue for damages resulting from the accident.

What you do immediately after an airplane accident can determine whether you will receive damages for all your losses. Here are some of the do’s and don'ts you should bear in mind after an airplane accident to stand a chance of securing adequate compensation for all your losses:

What to Do After an Airplane Accident

If you are lucky to be alive, the steps you take immediately after an airplane accident will be vital to your case. While you are still at the accident scene, you should do the following if you are not severely bleeding or injured:

  • Check on other passengers and the pilot to see whether they need any medical help and call an ambulance immediately if they do
  • Ask all the pilots to provide you with their addresses, names, and phone numbers
  • Document and take pictures of the accident scene
  • Take eyewitness testimonies and their phone numbers because you could require them to testify in court
  • Contact your insurance provider and inform him/her about the accident
  • Take a copy of the police’s report about the accident
  • Seek immediate medical assistance

What You Should Not Do After an Airplane Accident

Ensure you do the following to minimize your chances of securing maximum damages for all your losses caused by the airplane accident:

  • Do not admit any fault
  • Do not give any recorded statements.
  • Do not speak with the other party insurer without seeking legal advice from your attorney.

Once you go home after receiving the necessary medical assistance, you should keep a journal of all your medical expenses since the accident, including therapy and medication costs. Also, remember to write down the time lost without working to earn income like you used to. All this information will come into play when preparing your compensation claim to increase your odds of securing a favorable outcome.

Evidence That Your Attorney Can Use to Support Your Airplane Accident Compensation Claim

To prove you deserve compensation for losses caused by the airplane accident requires your attorney to have adequate evidence to support your claim. That is why you should seek the services of an attorney as soon as you can to investigate your case while the eyewitnesses' memories are fresh.

Examples of evidence that could work in your favor when you file an airplane accident lawsuit against the at-fault party include:

Photographic Evidence

As mentioned above, one of the steps you should take after an airplane accident is capturing pictures of the accident scene. These photos can help your attorney prove to the judge the extent of your injuries and how they will likely affect your life to secure satisfactory compensatory damages for your injuries and losses caused by the airplane accident.

Medical Evidence

Your attorney could also require your medical evidence, including X-rays, to prove the extent of your injuries. That is why keeping a medical journal since the accident date is vital. Your medical records also help your attorney prove the costs of your medical expenses since the accident date, including physical therapy costs.

Witness Details

Your eyewitness testimonies and statements can also help prove you deserve compensation for your losses caused by the airplane accident.

Video Recordings

If anyone recorded you or the accident with their digital camera or phone, you should ask them to send you the footage to help strengthen your case.

Accident Reports

A copy of the airplane accident report from the investigating officers can help your attorney prove that the accident occurred, leaving you with severe injuries.

Statute of Limitations for Filing an Airplane Accident Lawsuit

Like any other civil lawsuit, airplane accident claims have a statute of limitations. The statute of limitations is the time limit you, as the claimant, have from the accident date to file a lawsuit against the liable party to receive damages for your losses.

The purpose of this deadline in injury cases is to ensure fairness because, over time, eyewitnesses can relocate, and memories can fade, affecting the accuracy of their testimonies. Generally speaking, if you have sustained injuries in an airplane accident, you will have up to two years from the accident date to submit a lawsuit against the liable party.

This deadline begins to run when you discover or should have discovered you have an injury resulting from the airplane accident. In some injuries, like TBI (traumatic brain injury), the symptoms will not show immediately until later when it becomes severe. In this situation, the deadline for filing your airplane accident lawsuit begins when you discover the injury.

However, if the defendant is a government agency or its employees, you will have six months from the airplane accident date to file your accident lawsuit. Working with an experienced attorney is the best way to ensure you meet all the deadlines.

Frequently Asked Questions (FAQs) About Airplane Accident Claims

While airplane accidents are rare, they can happen to you or your loved one. Undoubtedly, many questions will cross your mind when that happens because these accidents are legally different from car accident cases. Explained below are common questions and answers to most FAQs about airplane accidents:

     1. Would I be Eligible for Compensation After a Helicopter Accident?

Whether the helicopter that caused your injuries was commercial or private, you could be eligible for compensatory damages for your losses. As long as your attorney can identify the liable party in the case, he/she can file a lawsuit against him/her to receive compensation for all your losses.

     2. How Can an Attorney Help If I Have Sustained Injuries in an Airplane Accident?

You cannot undermine the advantages of having an attorney in your corner if you have sustained injuries and incurred losses due to an airplane accident. The attorney you choose to hire can help you:

  • Navigate federal, state, and international statutes
  • Find the best way possible to secure maximum compensatory damages for your losses
  • Find the party liable for your injuries
  • Negotiate a fair settlement or take your claim to trial if settlement is impossible
  • Fight to secure compensation for all your losses resulting from the airplane accident, including pain and suffering

     3. How Much Will an Airplane Accident Attorney Charge Me?

Luckily, in most cases, most airplane accident attorneys will handle cases on a contingency fee basis, meaning they will only request upfront payment once they secure compensation from the at-fault party.

Find a Personal Injury Attorney Near Me

Although airplane accidents are rare, they can occur, and when they do, several people, including airport workers, could sustain injuries. Fortunately, if you have sustained severe injuries in an airplane accident, you could qualify for compensatory damages even if you were not onboard.

However, navigating the legal complexities involved in these claims could require the expertise and skills of a defense attorney. We invite you to call our reliable attorneys at The LA Personal Injury Law Firm at 310-935-0089 if you have sustained a catastrophic injury in an airplane accident.

We will not stop at nothing until we secure adequate compensatory damages for all your losses resulting from the accident.