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Aviation Accidents And Filing Wrongful Death Claims

Jan 5, 2023 | Aviation Accidents

Cases involving aviation accidents are frequently more complicated than other personal injury cases due to several circumstances. Numerous parties can be liable, including the pilot, the airlines, the air traffic controllers, the airplane manufacturers, and possibly even the government.

KAASS LAW can help families who seek compensation and want to sue the airline and others who failed to secure the safety of their passengers.

The Legal Obstacles in Plane Crash Claims

Almost all claims brought after a plane disaster concern:

  • Examination of several federal laws
  • An examination by numerous state and federal government organizations
  • Contacting various manufacturing or residential states
  • Complicated contractual and insurance arrangements

Who Can You Sue for a Wrongful Death after an Aircraft Accident?

Depending on the circumstances of your case, you might have a case against:

  • Airline companies or carriers
  • Airline owners
  • Airplane pilots, stewards, and other members of the aircrew
  • Ground staff
  • Air traffic managers
  • Governmental organizations
  • Regulatory bodies

In any civil or criminal matter, the plaintiff carries the burden of proof in aircraft litigation. Thus, plaintiffs must prove that the airline or specific people (frequently the aircraft captains or the maintenance supervisors on the ground) have been negligent in their duties, which led to their passengers’ untimely deaths.

Determining the Liability After the Airplane Accident

Percentages can be used to identify who is at fault in an airplane disaster. For instance, several parties may be responsible for the resulting losses if an airplane accident occurs. The level of liability in an accident case is typically determined by the degree of negligence, which is the failure to treat others with the same degree of care that a reasonable person would in a comparable circumstance.

Numerous factors, including carelessness, might cause an airplane disaster. For instance, a pilot may be at fault for an accident for not following the protocols. Even when flying an aircraft will put passengers at risk due to hazardous weather conditions, an air traffic controller may insist on doing so. As long as aviation maintenance personnel don’t correctly inspect and maintain the aircraft following safety procedures, they may be negligent.

Undoubtedly, each aircraft accident case is different and necessitates an in-depth analysis of the events leading up to the plane crash. Victims of aircraft accidents must deal with a knowledgeable attorney with experience handling aviation cases who can determine who is legally liable for what and to what extent.

Types of Damages Can Surviving Family Members Recover After a Plane Accident

There are three different categories of damages in any personal injury or wrongful death case:

This is the amount of any costs you incurred due to the injury, expressed in dollars. It could consist of funeral fees, lost wages, medical bills, lost property, or other costs-related items.

  • Non-economic damages:

Non-economic damages can include pain and suffering, loss of consortium, emotional anguish, etc.

The defendant get punitive damages as punishment or as a means of preventing future occurrences of the wrongful act.

Statute of Limitations for Filling a Claim After the Aviation Accidents

The statute of limitations in California is typically two years from the accident date for pursuing an aircraft accident claim. However, a variety of exceptional situations might have an impact on the statute of limitations. But, under the following situations, the statute of limitations may be suspended:

  • The victim is a minor.
  • The defendant is either imprisoned or disappeared.
  • It took some time to determine the accident-related injury.

Remember that the statute of limitations is only six months if you bring a claim for damages against a government entity or employee. So, you won’t be able to pursue compensation for your injuries after the statute of limitations has passed. To prevent missing filing deadlines, you must speak with an airline accident lawyer as soon as possible.

Call KAASS LAW Airplane Accident Lawyer Today

Nonetheless, accidents involving airplanes frequently result in severe injuries and wrongful death. However, California law enables those hurt on an airplane to seek restitution and justice. At KAASS LAW, our team of highly qualified and experienced Los Angeles aviation accident lawyers knows how to support victims of airplane accidents during these trying times. In addition, call us now at 310-933-5171 and visit our website for other practices.

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