Being injured in an airplane accident can have a catastrophic
impact on a person’s life. A plane crash victim can be left
dealing with painful injuries, steep medical bills, and
emotional trauma. Airplane accident victims who have suffered
disabling injuries may also be left wondering how they’ll ever
be able to provide for their families or pay off their mounting
medical expenses.
At LA Lawyers Group, our
dedicated, compassionate team of plane crash attorneys
understands the unique pain and adversity a plane accident can
cause. Our aircraft accident lawyers are here to help plane
crash injury victims pursue justice and hold the guilty party
accountable for the losses they’ve caused. Our team has helped
plane accident victims recover damages for their medical bills,
lost wages, lost earning potential, pain, emotional distress,
and more.
If you or a loved one has been the victim
of an aircraft accident, contact LA Lawyers Group today for a
free case evaluation. In the State of California, victims of
aviation accidents have legal options when it comes to pursuing
damages. One of our expert aircraft accident lawyers can help
you understand what your options may be according to the unique
circumstances of your case. Note that LA Lawyers Group provides
our accident attorney services on a contingency basis. You’ll
never pay us a fee until we settle or win your case.
Free Case Evaluation
Types of Aviation Accidents
Our accident attorneys can help accident victims who have been
in many different types of aviation accidents, including:
Runway Accidents
Commercial Airline Accidents
Small Plane Crash Accidents
Charter Plane Accidents
Private Jet and Private Plane Accidents
Helicopter Accidents
International Flight Accidents
Corporate Aircraft Accidents
Airplane Boarding and Exiting Accidents
What Causes Plane Crashes?
The three most common reasons for aircraft accidents are pilot
error, mechanical failure, and weather conditions.
Pilot Errors
Pilot error is the most common cause of aircraft accidents.
Almost half of all aviation accidents are caused by pilot error.
Some examples of pilot error that could lead to an accident
include:
Excessive Landing Speed
Failure to Follow Proper Procedure
Fuel Starvation
Midair Collisions
Missed Runway
Navigation Error
Premature Descent
Mechanical Failure
Properly manufacturing and maintaining an aircraft is crucial
for the safety of pilots and passengers. Even tiny mechanical
issues can lead to disaster, especially when they occur while a
plane is in flight. Around a quarter of all aircraft accidents
are caused by mechanical issues, which may include:
Design or Manufacturing Flaws
Engine Failure
Equipment Failure
Structural Failure
Weather Conditions
Plane owners and operators know that certain weather conditions
are dangerous to fly in, so they will often delay flights due to
weather conditions. However, weather can be unpredictable, so
poor weather conditions can occur while a flight is already
underway. Pilots can sometimes avoid weather incidents by taking
evasive action (such as turning around or flying above or below
the weather system), but weather conditions are still
responsible for around ten percent of all aviation accidents.
Some examples of weather conditions that could lead to aviation
accidents include:
Extreme Turbulence
Extreme Winds
Fog
Heavy Rain
Icing
Lightning
Mountain Waves
Thunderstorms
Windsheer
Other Causes of Plane Crashes
While pilot error, mechanical issues, and weather conditions
are the three most common causes of plane accidents, there are
a variety of less common issues that can also lead to
accidents. Some additional issues that can lead to plane
accidents include:
ATC Error
Bird Strike
Fire or Smoke Onboard
Fuel Contamination
Ground Crew Error
Improper Loading of Cargo
Midair Collisions Caused By Other Aircrafts
Pilot Incapacitation
Plane Overloading
Runway Obstructions
Sabotage
Who Can You Sue for a Plane Crash Injury?
The circumstances surrounding an airplane accident can be
immensely complex. Depending on the unique variables involved
in a plane accident, liability for the accident may fall on:
Pilots
Aircraft Owners
Aircraft Operators
Aircraft Crew Members
Air Traffic Controllers
Aircraft Maintenance Workers
Aircraft Manufacturers
Determining Liability in an Airplane Accident Case
California is what’s known as a comparative negligence state,
which means that fault for an accident in California can be
determined in percentages. So, in California, more than one
party can be found legally liable for the damages related to
an aviation accident. How much liability is assigned in an
accident case in California is generally determined based on
negligence. Legally, negligence is the failure to provide a
duty of care, which is a duty to take reasonable care to avoid
a behavior that could harm someone.
There are a
variety of ways someone’s negligence could lead to an airplane
accident. For example, a pilot could be negligent by failing
to follow proper procedure, which could easily lead to an
accident. Or, an aircraft owner could fail to perform proper
maintenance on their planes, leading to a mechanical
malfunction that causes an accident. Another example would be
if an aircraft operator insists on flying when they know
weather conditions are too dangerous, putting their crew and
passengers in harm’s way.
Every air travel
accident case is completely unique, so it’s critical to assess
and investigate the circumstances surrounding a plane crash
accident case thoroughly. It’s crucial that an accident
victim’s lawyer seek out every applicable bit of evidence that
will help furnish proof of who is liable for an accident and
how much liability should fall on each involved party’s
shoulders. When handling plane injury claims and cases, our
personal injury attorneys rigorously investigate each incident
in order to build the strongest possible case for our
clients.
Damages Available to a Plane Accident Victim
The specific damages available to a person who has been injured in
a plane crash will vary based on the type and scope of losses
they’ve sustained due to their injury. There are three general
types of damages that a plane accident victim may be able to
recover: economic damages, non-economic damages, and punitive
damages. It can be challenging for an accident victim to put
a dollar amount on these types of intangible losses. But an
experienced plane crash attorney can help you understand the type
of compensation you could be entitled to for the devastating
intangible impact an accident has had on your life. An experienced
aviation attorney will also be able to use this understanding to
make sure an insurance company properly compensates you for your
non-economic losses.
Economic Damages
Economic damages are given to compensate a victim for their
economic losses. In a plane accident case, economic damages
may be available for:
● Medical Bills ● Future
Medical Expenses ● Lost Wages
● Lost Earning Capacity ●
Property Damage
Non-Economic Compensatory Damages
Non-economic damages are given to compensate a victim for
their intangible, non-economic losses. In a plane accident
case, economic damages could be available for:
● Emotional Distress ● Pain and
Suffering ● Loss of Consortium
● Loss of Enjoyment of Life ●
Disability ● Disfigurement
Punitive Damages
In rare cases, a judge may award a victim punitive damages.
Punitive damages are awarded as a way to punish a defendant
that has exhibited particularly malicious or egregious
behavior. This type of compensation is awarded on top of other
damages an accident victim may receive.
An example
of a case in which punitive damages may come into play would
be in the case of a known defective product. Say an airplane
manufacturer knew that their product was defective, but sold
it regardless. If the use of this known defective product
resulted in an accident, a judge may decide to award punitive
damages to the accident victims in this case.
Damages Related to Wrongful Death
If a plane accident victim is killed in an aviation accident
due to the negligent or malicious actions of another party,
the victim’s family may be entitled to file a wrongful death
lawsuit. In California, the damages available in a wrongful
death case differ from the damages available in a personal
injury case (the type of case a surviving accident victim
would file). California law states that surviving family
members can claim any “just” damages that are applicable to
their particular situation. This is a broad definition, so the
damages awarded in a wrongful death case may vary widely based
on the circumstances involved in a specific case. Some
examples of the types of damages that may be available in a
wrongful death case include:
● Funeral
and Burial Expenses ● Loss of Income That
Would Have Been Earned Over the Rest of Decedent’s Lifetime ●
Loss of Financial Support for the Household ●
Loss of Services Provided Around the Household (Such as
Cleaning, Childcare, Landscaping, etc.) ●
Loss of Intangible Support (Such as Love, Affection,
Guidance, Attention, etc.)
There are some types of
damages that are not available in wrongful death cases in the
State of California. Damages that are related to the
decedent’s losses in between their injury and their time of
death can’t be recouped through a wrongful death lawsuit. This
includes things like medical expenses prior to death, the
decedent’s pain and suffering, and any type of punitive
damages. Note, however, that it is sometimes possible to
recover damages related to losses of the decedent through
other types of legal action, such as survival actions. If
you’re wondering which type of legal action or actions you
should pursue after the untimely death of a loved one, contact
LA Lawyers Group to speak with one of our wrongful death
attorneys.
How Long Do You Have to File a Plane Crash Injury Lawsuit?
Generally, airplane accident victims have two years from the
time they were injured to file a lawsuit, since California’s
standard personal injury statute of limitations is two years.
However, there are a few exceptions to this timeframe. Most
notably, the statute of limitations for suing a government
agency or public entity is considerably shorter than the
standard statute of limitations for personal injury cases. You
only have six months to file if you will be listing a government
agency or public entity as a defendant in your plane crash
injury lawsuit.
It’s always best to seek legal
counsel as soon as you can after you’ve been in a plane
accident. But if you believe a government agency or public
entity may be liable for your injuries, it’s crucial that you
take legal action quickly due to the shorter statute of
limitations tied to this type of accident case.
Get Help from a Los Angeles Plane Crash Accident Lawyer
If you or a loved one has been injured in a plane accident in
Los Angeles County, LA Lawyers Group is here to help. Contact
our law firm today to receive a free case evaluation from one of
our expert attorneys. Our airplane accident attorneys have
helped our clients recover damages for their medical expenses,
lost wages, lost earning potential, pain and suffering, and
more.
Call LA Lawyers Group today at (818) 386-6777
to receive your free consultation with one of our Los Angeles
aircraft accident attorneys.
