Aviation law is complex, and determining the party responsible for the accident is not an easy matter. Given that airlines and other parties involved in the accident are self-interested and keen on minimizing the responsibility placed on them for the accident, it is recommended that you consult a highly competent lawyer who will look out for your interests and one that will work tirelessly to seek justice for you. An experienced airplane accident lawyer can represent your interests throughout the investigation process and ensure that you receive the damages you are entitled to.It is important that you find a lawyer who is well-versed in aviation law, and given that incidents like this also involve other areas of the law, namely torts, it is important to work with an attorney who has experience in this area of the law as well – ideally someone who has represented clients involved in airplane accidents in the past.
The New York-based aviation accident lawyers at the Law Office of Yuriy Moshes are highly experienced in handling personal injury cases and are knowledgeable in aviation law. We will guide you through the process of making a claim and work on your behalf to obtain the damages you are entitled to. Please contact the office for a consultation and to discuss your options for moving forward with the case.
This article will discuss the legal claims and resulting remedies (i.e. damages) that are available to those affected by an aviation accident.
Flying in an airplane or helicopter is generally a very safe way to travel, but accidents do happen. Although nothing can truly make up for the trauma of such an event, the law provides parties harmed by the accident the opportunity for a kind of recovery by way of monetary compensation and damages. Airplane accident claims are a kind of personal injury claim and are typically proposed under a theory of negligence, meaning that a party involved in creating, operating, or maintaining the airplane did not meet the standard of care expected in the relevant industry. Those who may be entitled to damages include the airplane’s passengers, their families, flight attendants, pilots, and those injured on the ground. The families of crash victims may also be entitled to a wrongful death claim if the victim passes away due to the accident.
Aircraft accidents, as mentioned, are uncommon, but when they do occur, they are often (around 80% of the time) a product of human error. There are various causes of airplane accidents, some common ones being mechanical failure, pilot error, and the weather. The exact cause of the accident may impact the legal theory undertaken in a lawsuit. The major theories, all of which are somewhat related, are negligence, manufacturer liability, and operator liability.
An investigation, carried out by various agencies including the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA), will aim to uncover the actual cause of the accident. The findings of the investigation will impact the kind of claim you can move forward with and the amount of damages you may be entitled to. It is generally advised that you seek the help of a plane crash attorney to guide you through the process of making a claim and moving forward with a lawsuit.
The kinds of injuries sustained during aviation accidents vary with each accident and individual, but the most common injuries are:
The costs of surgery, rehabilitation, medicines, and therapy, among other expenses, can run quite high, as the injuries sustained in aircraft accidents can be very serious and require a long time to treat. Some of these injuries can also have impacts that last a lifetime. The aftermath of the accident, for these reasons, can be very stressful and taxing. It will likely be difficult to focus on anything other than attending to the injuries, but it is important to keep a detailed record of your medical bills and other expenses related to the injury and accident. The kind of injury and extent of expenses will affect the kind and amount of damages available to you and will make it more likely that you will recover the damages you are entitled to.
A number of different parties may be found liable for the aircraft crash. Commercial airlines are legally considered “common carriers,” since they are entities that provide transportation to the public in exchange for a fee. The FAA establishes the standards for operating air carriers and enforces them through civil and criminal penalties. Common carriers are often held to a higher standard than private carriers. In addition to the airline, the pilot, manufacturer, and those involved in the aircraft’s maintenance may be held liable if it is determined that they contributed to the accident. Some liability may be placed on the government as well depending on the facts of your case.
As mentioned, aviation law is complex, and in the case of aviation accidents, intersects with other areas of the law like torts. In order to have the best chance at receiving the damages you deserve, it is important that you work with an attorney who is knowledgeable in these areas. Moreover, laws affecting liability differ among the states. It is, therefore, important to find a competent lawyer who practices in New York and has a strong grasp of New York law.
It is possible that the airline or a related entity will approach you with a settlement offer after the accident. Instead of negotiating directly with the airline and its associates, it is recommended that you consult with a knowledgeable aviation accident lawyer that has your best interests in mind before you make any legal decisions because there is a definite risk of getting short-changed. Although the payment of legal fees may seem daunting, our law office may be able to work with you under a special fee arrangement (like a contingent fee arrangement), in which you would pay the firm a portion of the damages awarded to you at the conclusion of the lawsuit (and nothing beforehand). A lawyer on your side will ensure that you receive fair compensation.
Aviation accident cases are complex because they implicate a number of different statutes/laws and legal theories. Some of the federal statutes relevant to airplane accidents are the Federal Tort Claims Act, Aviation Disaster Family Assistance Act, and General Aviation Regulation Act. These statutes affect the scope of a personal injury claim. Typically, you would initiate a personal injury claim under a theory of negligence or liability by the operator or manufacturer. If the injured perishes due to the accident, the family of the injured may bring a wrongful death suit. Because the facts of your particular case may involve different areas of the law and different statutes at the state and federal level, it is important that you consult with an plane crash lawyer who is highly knowledgeable in aviation law. Your attorney will know best how to proceed with your claim.
Our lawyers at the Law Office of Yuriy Moshes are highly knowledgeable in aviation and personal injury law. We are also highly invested in our clients’ stories and want to obtain the best outcome possible for all of our clients. Although it is primarily the relevant government agencies that investigate the aircraft crash, we will follow up on the findings on your behalf and make sure that no detail is lost when evaluating your case. We will also make sure that your interests are optimally represented throughout the lawsuit. We are detail-oriented, results-driven, and highly motivated to serve our clients. Professionalism and integrity are very important to our law firm. We have an excellent track record, having obtained good results for former clients. We encourage you to contact us for a consultation with our office so that we can review your case and determine whether our firm would suit your particular circumstances.
Our aviation accident attorneys are able to handle a range of different aircraft accident cases, including those involving aircrafts other than airplanes. Because we are located in New York, we often deal with New York law, and our clients are often based in the state. However, aircraft accidents, by virtue of the industry and the nature of travel, may implicate a number of different locations, including the site of the accident, the location of the operator, and the location of the manufacturer. The laws that apply to the case will depend on where the case is litigated. And where the case is litigated will depend on the facts discovered during the investigation of the accident. Ultimately, there is a lot of variation among aircraft accident claims because they are influenced by the circumstances surrounding that particular crash and because the injuries sustained by those affected by the accident vary. Therefore, we are ultimately flexible about the kind of aviation accident case we take on. You can discuss with us during your consultation whether our law firm is best suited to take on your case.
Damages awarded to clients are composed of economic and non-economic damages. The kind of damages awarded in a lawsuit largely depends on the kind of injury experienced by the individual initiating the lawsuit.
Economic damages refer to compensation intended to restore the injured party’s verifiable losses. These include:
Economic damages are easier to obtain, given that they are evident in physical records and receipts. It is, therefore, important that you maintain a thorough and accurate record of expenses related to the accident.
Non-economic damages are more subjective and represent a valuation of the subjective impact of injury, including emotional distress, pain and suffering, bodily disfigurement, and loss of enjoyment of life. The spouse of the injured may also be able to receive a particular kind of non-economic damages referred to as loss of consortium. The determination of non-economic damages is determined by the jury after taking into account the testimony of the victim and his/her family at trial.
Our aviation attorneys are well-versed in aviation law and are highly motivated to acquire the best results for our clients. We are detail-oriented, results-driven, and place our focus primarily on our clients’ best interests.
Our attorneys are highly perceptive and have great attention to detail. Our law office will take part following up with the investigation of the accident, and we will make sure that no detail is neglected. We know from experiences that in cases like this, small details can make a big difference. We want to make sure that you receive fair compensation at the end of the lawsuit, and we will make sure that every relevant detail is accounted for in order to make that outcome possible.
We work very hard not only to make sure that your interests are represented but also to achieve the best possible outcome for you. We take pride in the fact that our attorneys have, in the past, achieved successful results for our clients, and we continue to strive for good outcomes.
We are very invested in our clients’ cases. We understand that airplane accidents are very stressful and traumatic to victims and their families. We want to be there for you, and we will work tirelessly to get justice for you and your family.
The cost of hiring an plane crash lawyer in NYC is variable. Often in personal injury cases, including those involving aviation accidents, clients pay according to a contingent fee arrangement. This means that the client would not be responsible for an hourly pay or any fees upfront; instead, the attorneys representing the client would receive a percentage of the damages awarded to the client at the end of the lawsuit. The fee arrangement will differ depending on the client’s circumstances and resources for funding; it is best to discuss the fee arrangement with the lawyer during consultation.
Before you hire a lawyer to help you in your aviation accident case, we recommend that you do your research to make sure that the law firm is reputable and has a good track record. As the saying goes, past behavior predicts future behavior. A good indicator of a law firm’s track record are the reviews it receives from past clients. We have consistently received positive feedback from those we have worked with. These reviews and testimonials are available on our website, but some recent feedback include:
“Strong professionalism, personable and friendly. They are informative and keep you abreast of all pertinent information. You arrive at the firm and begin your legal process and shortly you smoothly arrive at the culmination of a complicated legal process. I will use this law firm again without hesitation and I highly recommend their services to all in need of a strong group of legal professionals.” – Thomas Mulvi
“This was one of the best experiences that I ever had in my life the way I was treated was so professional everything went smoothly I will refer this office to any one of my family members and friends and even strangers I will refer this company to” – Michael Edwards
This depends on the circumstances surrounding the accident, and the damages awarded tend to be quite variable. Although many states have caps on the amount of damages that can be awarded to an injured party, New York does not have such a cap. Therefore, the damages you are able to receive from the lawsuit will very much depend on the facts of your particular case.
First, you should prioritize the health and well-being of you and your family. Make sure to receive medical attention for any injuries. Then, if you want to consider recovering damages, do your research and contact a reputable aviation accident attorney or aviation accident law firm knowledgeable in aviation and personal injury law.
There are a number of different potential defendants in an aviation lawsuit, including the relevant airlines, the aircraft’s manufacturer, the pilots, and those responsible for the aircraft’s maintenance. The nature and circumstances of the case will determine the parties that should be held liable.
Yes, but to reiterate, it depends on the specific circumstances of the case. If the pilot did not operate the aircraft responsibly or did not have proper certification to operate the airplane, there may be liability placed on them for the accident. This is something you can discuss with your attorney once the facts of the case become clearer.
Families of crash victims can claim compensation for pain and suffering, lost income, medical expenses, dependency damages (if the crash victim did not survive), among other things; it is best to speak with an airplane crash attorney about how to move forward with a particular claim. Whether the airline ultimately compensates the families depends on whether there is evidence that the airline shares culpability and is liable for the accident. It may be that another party was at fault and is deemed responsible for compensating the families.
The New York-based aviation accident lawyers at the Law Office of Yuriy Moshes are highly experienced in handling personal injury cases and are knowledgeable in aviation law.
Our lawyers will guide you through the process of making a legal claim from start to finish and work tirelessly to obtain the damages you are entitled to. Please contact the office for a consultation and to discuss your options.