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Aviation Accidents & Personal Injury

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Air travel is among the safest modes of transportation. In the United States, stringent regulation and mandatory aviation personnel training are factors that keep air travel a relatively safe way to travel. Yet accidents do occur. Most airline accidents occur in the general aviation segment, which includes personal and business travel on airplanes other than commercial air carriers, medical transportation, overnight delivery, search and rescue, sightseeing, and similar flight operations. 


Statistics show that the vast majority of airplane accidents are caused by human error, with landing and takeoff being the most dangerous times. However, aviation accidents can occur from any number of human factors, weather, mechanical and other issues. 



Our experience includes handling legal issues related to accidents and injuries from turbulence, emergency evacuations, pressurization problems, aircraft defects, pilot error and other issues. 


What Happens After an Aviation Accident


After an aviation accident occurs, the National Transportation Safety Board (“NTSB”), an independent federal agency, is notified. Depending on the nature and scope of the accident, they may marshall other public and private resources, including representatives from the Federal Aviation Administration, the airframe and/or powerplant manufacturer, and/or representatives from the pilots’ union. After an investigation is completed, the NTSB issues what’s known as a “probable cause” determination. This is not necessarily the end of the inquiry, as safety recommendations may be identified and promulgated by various federal agencies as a result of the findings.



If You Or A Loved One Is Hurt in an Aviation Accident


Aviation accidents are among the most complex legal cases. Typically, they involve federal and state statutes, regulations and case law. In certain cases, international law may also be invoked, depending upon the nationality of affected passengers, where the accident occurred and where the aircraft was purchased. 


Additionally, aviation litigation is complicated due to the involvement of many parties. In addition to the person or company who owns the aircraft, the pilot and aircraft parts’ manufacturers, the government may be implicated if Air Traffic Control was negligent. Your insurance company, as well as the insurance carriers of the other parties, will seek to be involved as well 


Depending on the circumstances, a number of people may have standing to sue, including the person injured, his or her spouse, the personal representative of the estate of a deceased party, and people who experience emotional harm due to the accident. 


It’s important to note that the states vary widely in allowable damages, with some only permitting financial losses, and others allowing so-called “non-economic losses,” such as pain and suffering damages.  There is a growing trend recognizing non-economic damages in wrongful death cases, and these losses are often the largest losses in a legal case.


In the case of an accident in a private aircraft, additional issues are involved. Relevant questions include:


  1. If there are two (2) pilots at the controls, who was the pilot in command (PIC)?
  2. Were all of the pilot’s FAA certificates current, such as their Medical Certificate, Bi-Annual Flight Review, and were they current to carry passengers?
  3. Was there insurance?
  4. Should Air Traffic Control (ATC) tapes be ordered?
  5. Was there a witness to the incident?
  6. Should a demand to preserve evidence (i.e., spoliation demand) be made?


Statute of Limitations


The Statute of Limitations governs the time period within which an injured party may file suit. The period of time varies widely, depending upon the state, the nature of the injury and the type of claim. It’s important to stay in close contact with your attorney in order to be sure that you don’t miss any important filing deadlines. If the Statute of Limitations passes, you will be barred from proceeding with your claim. 


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If you have been injured or lost a loved one because of an aircraft accident, call the Lento Law Group today. Our team of dedicated, knowledgeable, and compassionate attorneys are on your side.

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