Plane Crash Accidents in 2022
For most people, traveling by air is an exciting experience. However, for others, it is a painful reminder of the loved ones they lost or the injuries they suffered. Although plane crash accidents do not occur as frequently as other types of accidents in the transport industry, their effects are usually severe. To put things into perspective, there have been about 8 plane crash accidents in 2022 in different locations across the world, leading to 201 deaths, per the Aviation Safety Network.
Many people are usually lucky to survive plane crashes. And when they do, they are never the same after that experience. If you or your loved one has been lucky to survive a plane crash, it is time to find out what exactly happened and whether the accident could have been prevented. The same applies if you lost a loved one.
Morgan and Morgan's plane crash accident lawyers might be able to help.
What Are Some Common Causes of Plane Crash Accidents?
Although aviation accidents occur due to many different reasons, the following are the most common:
Pilot Errors
Pilots are human beings, and it is the nature of humans to make mistakes. Unfortunately, pilot errors can lead to serious injuries and a tragic loss of lives.
Mechanical Errors
Airplanes consist of thousands of machines and equipment that help these powerful vessels travel in the air for hours. Unfortunately, when certain machines fail to operate as intended, especially in mid-air, the results can be devastating.
Natural Causes
Bad weather is one of the most common natural causes of plane crash accidents. Although humans have no control over bad weather, modern technology makes it possible to predict such weather in advance, limiting the risk of plane crashes.
Sabotage
Incidents such as hijacking were quite rampant a few years ago. When malicious people take over airplanes mid-air, one wrong move could be all it takes to send the plane crashing.
Crew Errors
Although modern technology helps run the aviation industry, these technologies are managed by humans. For this reason, although the risk of errors is significantly lower in such environments, any slight error could lead to widespread injuries and loss of lives.
Can I File a Lawsuit if I Got Injured or Lost a Loved One Due to a Plane Crash?
You could file a lawsuit if the injury or death occurred due to someone else's negligence. An experienced aviation accident attorney from Morgan and Morgan can review your case to determine whether you have legal grounds to file a lawsuit. In addition, if you lost a loved one, you can count on our wrongful death attorneys for legal guidance and representation.
Who Can I Sue After a Plane Crash Accident?
This will depend on the circumstances of your case. Keep in mind that aviation accident cases are complex. Many different companies are responsible for the day-to-day running of the aviation industry. For instance, the company in charge of the entire airport is not usually responsible for each individual airplane.
Rather, these airplanes are owned by other independent companies. Similarly, the individuals that work for these airlines may not even be employed by the airline; they could be independent contractors.
That is just how complex these cases can be when determining liability. One of the best ways to determine liability is by establishing the cause of the accident. For example, suppose the accident occurred due to a pilot error. In that case, chances are the airline company could be held responsible if the pilot is their employee and the employer was negligent in one way or another.
Similarly, if the accident occurred due to a mechanical error, you will need to narrow it down to the exact error and determine why it occurred in the first place. For instance, suppose the airplane had a faulty part. In this case, the company that installed the part might be responsible if they did not inspect it before installation. In addition, the part manufacturer might also be responsible.
The bottom line is that the issue of liability is very complex. You cannot narrow it down to a particular individual or entity without conducting thorough investigations, which is why you need an attorney to fight for you.
Generally, you may be able to bring a lawsuit against:
- The airline manufacturer
- The airline maintenance provider
- The airline owner
- The government (in the case of errors by air traffic control crews)
- Airport operators
And many others.
Can I Sue if I Lost a Loved One in a Plane Crash?
You might be able to file a wrongful death lawsuit if you lost a loved one in a plane crash. However, keep in mind that wrongful death cases are complicated regardless of the industry, and that is why you need an attorney to fight for you.
To put things into perspective, while some jurisdictions might allow you to file a wrongful death lawsuit if you lost a loved one in a plane crash, you can only recover economic damages. In some other jurisdictions, you may be able to recover non-economic damages.
Morgan and Morgan plane crash accident attorneys can review the specifics of your case to determine what the law says. We will then devise a legal strategy to navigate these complex laws, allowing you to recover the compensation you need and deserve after a loss of a loved one.
What Damages Can I Claim After a Plane Crash Accident?
The kind of damages you may be able to claim will depend on the nature of your injuries. If you wish to file a claim after an aviation crash you survived, you might be able to claim the following damages:
- Loss of income if you could not work due to the injuries you sustained
- Loss of earning potential if the injuries will prevent you from being able to work in the future
- Medical expenses, which include but are not limited to the cost of hospital stay
- Medical equipment, such as wheelchairs
- Cost of therapy, counseling, and other related rehabilitative services after the accident
- Cost of hiring a caregiver if you can no longer take care of yourself after the accident
- Emotional distress
- Pain and suffering
- Post-traumatic stress disorder
- Permanent disfigurement
If you lost your loved one, you may be able to file a claim on their behalf. The exact damages to include in your claim will depend on the impact of your deceased death. For example, if your loved one was the family's sole breadwinner, you may be able to file a loss of support claim.
Other possible damages you could claim in a wrongful death lawsuit include:
- Grief
- Loss of companionship
- Mental anguish
- Emotional distress
When Should I File a Lawsuit After a Plane Crash Accident?
Although filing a lawsuit can help you recover compensatory damages after the plane crash (economic and non-economic damages), you should not rush to sue, especially without an attorney. An experienced aviation lawyer can help you understand your options. As strange as it sounds, even though plane crash lawsuits are time-sensitive, there are times when it is more beneficial to wait for a while before filing a lawsuit.
For example, filing a lawsuit as you undergo treatment might not be a great idea unless you will need that treatment for the rest of your life.
That said, most jurisdictions will give you up to two years from the date of the accident to take legal action against the other party. If you do not take legal action within two years, you will automatically lose your right to sue.
Remember that the statute of limitations for filing a plane crash accident lawsuit not only varies from state to state but also depends on who you intend to sue. If you intend to sue the government, the statute of limitations is usually shorter.
Contact a Morgan and Morgan aviation lawyer to understand your options.
Should I Negotiate for a Settlement Directly With the Airline?
After an aviation accident, the liable party might reach out to you to negotiate a settlement. This can be very tempting—why should you turn down an opportunity to close the case and walk away with a briefcase full of cash? In addition, why should you turn down such an offer when you have pending bills to pay due to the airplane accident? These are just some questions that will cross your mind at that point.
The truth is that airline companies make billions in profits every year. These companies can afford some of the industry's best defense attorneys and skilled negotiators. These professionals are not there to serve your interests; they only care about protecting the liable party from settling. And, if they must settle the case, they will ensure that they only part with the lowest amount possible.
So even though negotiating with the insurer or airline can be tempting, you should not consider it if you do not have an attorney. An experienced aviation attorney understands the tactics these companies use when negotiating a settlement. In addition, they can help bring claims you did not know you were eligible for.
What Should I Look for in an Aviation Attorney?
Since aviation cases are complex, you will need to be thorough when looking for an attorney to represent you. Here are the most important factors to consider.
Experience
Look for an attorney with experience handling these cases. Aviation laws are very complex, and the last thing you want is to hire a general personal injury lawyer. Rather, you need someone who understands aviation laws and has dealt with similar cases.
Track Record
The attorney's track record in handling such cases should also influence your decision. Because these cases usually involve huge amounts of compensation, you need an attorney or law firm with a track record of winning. For example, at Morgan and Morgan, we have helped our clients recover more than $13 billion as compensation for their injuries so far.
Legal Resources
Look for a law firm or attorney with powerful legal resources to fight for you. For example, aviation attorneys usually cooperate with experts in different fields such as medicine, finance, weather, and even aviation to build a strong case against the other party. Such investigations require powerful legal resources.
An aviation law firm with powerful resources will not settle for less than what you deserve just to cut costs. Rather, they would be willing to go all the way to trial if necessary and even file an appeal on your behalf.
Can I File a Lawsuit if the Accident Occurred Outside the United States?
Yes, you can bring the lawsuit to the US even if the accident occurred outside the country. The Montreal Convention allows you to bring such a lawsuit in the US regardless of the location of the accident.
Are Aviation Lawyers Expensive?
It all depends on the law firm you choose. For example, you do not have to worry about paying anything out of pocket when you hire a Morgan and Morgan aviation attorney to represent you. We charge our clients on a contingency basis, meaning they do not owe us anything unless we win. This system motivates our attorneys to keep fighting even harder for our clients because they are rewarded if they win.
Contact Morgan and Morgan Aviation Lawyers
Morgan and Morgan aviation lawyers can fight for you or your loved one injured or killed in a plane crash. All you have to do is fill out our free case evaluation form. One of our representatives will review your case and get in touch to discuss the next steps.
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