While the major U.S. airliners have not experienced a fatality due to an aviation accident in years, over 300 people died in civilian general aviation accidents in 2022 alone. These tragic incidents share at least one feature in common with auto accidents: both are often the result of negligence.
Unlike auto accidents, however, unraveling the precise cause of aviation accidents can be complicated. If your loved one passed away in an aviation accident, a wrongful death attorney can help you pursue compensation. Here is how an attorney typically handles a wrongful death claim for an aviation accident in Florida.
Basics of Wrongful Death Lawsuits
In Florida, the personal representative of a decedent who passes away because of the negligence of another person can bring a wrongful death claim on behalf of the surviving family members. This claim must generally be brought within two years of the decedent’s passing.
If successful, the surviving family members may be able to recover damages for:
- Their mental pain and suffering
- Any hospital bills or funeral costs related to their loved one
- The loss of the decedent’s companionship and presence
- The lost financial support the decedent would have provided
These basic principles do not change, no matter the cause of the decedent’s passing.
In the case of your loved one’s death in a general aviation accident, your loved one’s personal representative would still need to bring a wrongful death claim within two years of the crash. They could also recover the same compensation available in other wrongful death cases.
Determining the Cause of an Aviation Accident
When a plane goes down and crashes, there can be a number of reasons why. Perhaps the pilot experienced an in-flight emergency and could not control the craft. The weather could have also played a role in the downing of an aircraft.
Even air traffic controllers might have made an error that contributed to the crash. Determining the precise cause of the accident is crucial to obtaining compensation.
Following any airplane crash in the United States, the National Transportation Safety Board (NTSB) will investigate the incident. Their role is to determine how the accident occurred and identify who is responsible. Possible responsible parties could include:
- A pilot, co-pilot, or other aircrew member
- Airport personnel
- Air traffic controllers
- Maintenance personnel
- The airplane’s manufacturer
The accident may sometimes result from several individuals’ and entities’ combined negligence. For example, an aircraft manufacturer’s negligence may have resulted in a defect that caused an in-flight emergency that the pilot negligently responded to.
The NTSB’s investigations can take 24 months or longer to complete — well beyond the statute of limitations for Florida wrongful death lawsuits. Thus, the family of an aviation accident decedent must retain a wrongful death attorney right away.
This enables them and the decedent’s personal representative to conduct their own independent investigation.
Causes of Aviation Accidents
A thorough investigation by an experienced wrongful death attorney may reveal the cause of the accident to be any of the following:
Violations of FAA Regulations
The Federal Aviation Administration (FAA) promulgates regulations for pilots and others to follow during flight operations. Aviators and those who work alongside them, like air traffic controllers, must abide by the FAA’s regulations. Failure to do so is akin to violating traffic laws and can lead to an aviation accident.
Pilot Errors
Pilots are in command of their airplanes and must sometimes make split-second decisions in mid-air to keep their planes and passengers safe. However, where no reasonable pilot would decide what the pilot of a crashed aircraft would have made, that pilot’s choice could be considered negligent.
Manufacturing Defects
Aircraft manufacturers must exercise caution and care when fabricating parts, assembling aircraft, and testing them before selling them. Even after selling an aircraft, manufacturers have a continuing legal obligation to alert consumers of defects that become known to the manufacturer that could affect the airplane’s airworthiness.
Manufacturers who fail to do so can be found negligent and liable for crashes that occur.
Deficient Maintenance
Companies that own aircraft and allow others to fly them owe a duty to passengers to keep these airplanes in good flying order. This means regularly inspecting the aircraft, replacing worn or damaged parts, and addressing any recalls. Poor maintenance can lead to an aircraft’s failure during flight and a subsequent crash.
How Wrongful Death Lawyers Investigate Aviation Accidents
The NTSB’s investigation can be valuable to building a successful wrongful death claim, but it cannot be relied upon in every case. If the crash is especially complex or resources are scarce, the NTSB may be unable to finish its investigation in time to meet Florida’s two-year statute of limitations.
Your wrongful death attorney may conduct their own investigation by:
- Reviewing records relating to the aircraft involved and any recalls issued
- Obtaining and scrutinizing the maintenance records of the plane and owner
- Analyzing the pilot’s license and other records, including any citations
- Speaking with eyewitnesses who may know about the crash
- Considering recorded data, the aircraft’s flight plan, and transmissions to reconstruct the sequence of events leading to the crash
This entire process can be intensive, requiring a wrongful death attorney who not only knows how to complete these investigations promptly but also has the resources to do so.
The sooner an attorney can investigate an accident, the more successful they will likely be in identifying the cause and holding responsible parties accountable.
The Difference a Wrongful Death Attorney Can Make
Any airplane crash is a tragic accident that can be complicated to evaluate. Sifting through the debris and mountain of evidence can take federal investigators months or even years. This is why a dedicated wrongful death attorney’s assistance is crucial when you need to seek justice for an aviation accident.
At Schrier Law Group, our wrongful death attorneys know and understand the unique legal, factual, and emotional challenges that aviation accidents can present. Our experienced team has the knowledge and resources to take on these complicated investigations and take prompt action to hold the right people accountable.
Contact Schrier Law Group to schedule a consultation with our team today.
