Burden
of Proof
A
plane crash is one of the world's most complex tragedies.
Establishing the cause and liable parties can be a time-intensive
process. Dealing with the loss of a loved one after a plane crash
is hard enough. The last thing a family wants to deal with is sorting
through all the details to find fault. It is your attorney’s
job to gather all the information and pinpoint who may be at fault
for the crash, and then use Aviation Law to prosecute
the responsible parties for substantial compensation.
One
of the biggest challenges of handling an aviation case is simplifying
the inherently complex subject of aircraft accidents into a form that
gives a Jury the information they need to do the right thing. Plane
crash attorneys frequently must prove that a general aviation
aircraft crashed due to a product design that was defective and unreasonably
dangerous. In litigating against aircraft manufacturers, the plaintiff's
firm must be prepared to match "litigation smarts" and financial
resources against those of multi-million dollar corporations.
The
lawsuits that result from airplane crashes are quite complex and unique.
Lawyers representing plaintiffs that are typically crash survivors
or family members of deceased crash victims must answer many complicated
questions:
- What
law (federal or state) should be used?
- Where
is the best forum for the trial?
- Should
lawsuits be filed individually or as a class action?
- Who
should be sued (the aircraft manufacturer, operator, or owner; the
airport operator; corporate officers; or component part manufacturers)?
- What
is the best theory of recovery (strict liability, negligence, breach
of warranty, statutory provisions)?
- What
is the best method of proving damages?
- How
should evidence of the crash be preserved?
Click
on the types of air crash claims below to read about the options available
with each:
Personal
Injury Claims
Wrongful Death
Mechanical Failure
Defective Product
Pilot/Employee Error
Personal
Injury Claims
In a personal injury case, the plaintiff must show
that the air carrier, or one of its employees, acted negligently,
and that as a result, the plaintiff incurred injury. The jury can
award a plaintiff damages for pain and suffering, medical expenses,
lost wages, both past and future, and inconvenience as a result of
bodily injury.
Wrongful
Death
Wrongful death claims have certain requirements that differ from personal
injury claims. The individual suing for wrongful death
must have a relationship to the decedent on whose behalf the suit
is being brought. In some states only parents, children, spouses or
executors of the decedent's estate may bring a wrongful death claim.
As part of such a claim, the plaintiff must show that the decedent's
death resulted from the negligent, wanton or willful actions of the
defendant air carrier. In such cases, if the death occurred instantaneously,
the jury can award the plaintiff from loss of consortium, lost wages,
loss of future income or earning capacity. In cases where death does
not occur instantaneously, and the plaintiff can prove the decedent's
conscious suffering, the jury can also award the plaintiff damages
for pain and suffering, bodily mutilation, and mental anguish.
Mechanical
Failure
In a case in which mechanical failure contributed
to the accident, the plaintiff may have to establish that the pilot's
negligence contributed to the accident or that a mechanic negligently
failed to detect or properly repair a component of the plane. In such
cases, the plaintiff can maintain a lawsuit against the common air
carrier or the owner of the private plane. A few states may also allow
an action for breach of implied warranty of a plane's airworthiness
in such a case; however, many states do not allow an implied breach
of warranty to support a wrongful death suit.Where a mechanical failure
results from a defect in the design or construction of an airplane
or a component of the airplane, the plaintiff may establish a products
liability claim against the manufacturer of the component or the airplane.
In a products liability claim based on defective construction or manufacturing,
the plaintiff must establish that the manufacturer of the component
that caused the accident failed to detect a defect in the particular
component that was used in the airplane that had the accident.
Defective
Product
Products liability based on the premise that the design of the particular
component was defective represents a unique hurdle for a plaintiff,
in that the plaintiff must establish that the manufacturer could have
used a reasonable, alternative design that would have prevented the
injury. A plaintiff might incur great expense in pursuing a products
liability case based on defective design. In order to establish
a reasonable, alternative design the plaintiff will likely have to
hire an engineer or other expert to critique the manufacturer's design
and to suggest the alternative design. A products liability case faces
a better chance for success if prior cases have already established
that the design of the component is defective.
Pilot
or Employee Error
Under a legal doctrine known as respondeat superior, the high degree
of care required of a common carrier extends to its employees, including
pilots, flight attendants, and mechanics. Therefore, if an accident
occurs in which pilot error results in some accident that causes a
passenger injury, that passenger can maintain a suit not only against
the pilot for his or her error, but also against the pilot's employer,
the airline. In effect, employees acting in their capacity as employees
"stand in" for the airline. Thus, an employee's
error is the airline's error. Although money
will never be able to make up for the tragedy caused by a plane crash,
hiring a good plane crash attorney can ease the burden. Once again,
we cannot stress enough how important it is to contact an attorney
before signing any waivers or agreeing to any settlements with the
insurance companies. You deserve the maximum compensation for your
loss, pain and suffering, and you may not get a fair settlement without
the help of an experienced attorney.
Contact
an Aviation Attorney in your State
