When You Need an Aviation Accident Attorney

When you board a private plane, commercial flight, or sightseeing tour, you never expect to come away with an injury. However, small plane crashes occur more often than you might realize, with over 930 accidents in 2023, according to the AOPA Air Safety Institute. It’s important for victims and their families to learn about this complex area of the law so they can decide if they need to hire an aviation accident attorney.

What do aviation accident lawyers do?

Aviation accident lawyers specialize in handling legal issues related to aircraft accidents. Some key duties of aviation accident attorneys include the following:

• Communicating with insurance adjusters to advocate for your best interests
• Gathering evidence such as flight records, maintenance logs, and witness testimonies
• Collaborating with aviation experts to analyze accident causes and liability
• Determining the appropriate amount for your claim
• Evaluating any settlement offers to make sure they’re fair and cover all your losses
• Offering unbiased advice and guiding you through the legal process
• Representing you in negotiations, mediations, and court proceedings

Types of aviation accident lawyers

When looking for an aviation accident attorney, consider finding one who specializes in the specific circumstances of the accident. 

• Domestic and international flights: Injuries suffered during major commercial aviation accidents and other incidents.
• Charter and corporate flights: Airplane crashes and other incidents involving private aircraft and corporate jets. For example, those used for business travel and leisure flights.
• Helicopters: Claims related to a helicopter crash or other accident, including both civilian and commercial aircraft tours and medical evacuation flights.
• Tourism and sightseeing aircraft: Incidents involving aircraft used in scenic flights, aerial tours, and other tourist activities, including planes, helicopters, seaplanes, and gliders.

Reasons to hire an aviation accident attorney

If you’ve been involved in an airplane crash or accident, you know how serious they can be. Hiring an aviation accident attorney with experience in both the law and the aviation industry is crucial. Here are the main reasons to consider hiring an attorney:

Expertise in aviation law

Airplane accidents are complex legal situations. There are typically a number of parties who could be responsible, plus a variety of state, federal, and even international laws or treaties involved. Specialized aviation accident attorneys are familiar with Federal Aviation Administration (FAA) regulations and international laws. With so many nuances to navigate, an experienced attorney can increase your chances of a favorable outcome.

Understanding of the industry

The evidence in an aviation accident case tends to be very technical. A good attorney will know the lingo and can understand key aspects of the case like police, Transportation Security Administration (TSA) and National Transportation Safety Board (NTSB) reports, maintenance records, witness reports, and other documents. They’ll know how to review camera footage, de-code air traffic controller communications, and understand issues like aerodynamics. Plus, they’ll monitor and advise on the statute of limitations, which is the amount of time you have to file your case.

Negotiation skills

After a plane crash, the last thing you want to do is fight with an insurance company. Yet they often try to minimize payouts—in fact, they have entire teams dedicated to doing just that. A skilled aviation accident attorney will be familiar with their tactics and be able to negotiate aggressively on your behalf. Strong negotiation can mean the difference between an inadequate offer and a settlement that fully covers your needs.

Aviation accident lawyers ensure you receive fair compensation

All of the above knowledge and skills help aviation accident lawyers calculate and maximize compensation. They’ll be able to accurately assess both economic damages—like medical bills, lost wages, or future accident-related expenses—and non-economic damages such as pain and suffering or emotional distress.

Calculating the full extent of the damage suffered by aviation accident victims can be one of the most complicated parts of the process. With an attorney on your side, you’ll likely receive more compensation than you would if you represented yourself.

What financial compensation can I receive after an aviation accident?

You might know that personal injury settlements include compensation for medical expenses, but there are many other things victims and their families can be compensated for as part of an aviation accident settlement.

Economic damages, which can be calculated as a monetary amount, include the following.

• Medical bills  Costs of emergency room visits, surgeries, and hospital stays.
• Rehabilitation costs. Expenses for physical therapy, occupational therapy, and other rehabilitative services.
• Lost wages. Income lost due to time off work for recovery or treatment.
• Loss of future earnings. Reduced earning capacity due to long-term or permanent disability.
• Travel expenses. Costs for traveling to and from medical appointments and treatments.
• Property damage. Compensation for personal property lost or damaged in the accident, such as luggage or personal belongings.

One of the most difficult tasks for an aviation accident lawyer is to calculate non-economic damages, which are losses that can’t simply be added up using financial charges.

• Pain and suffering. Compensation for physical pain endured as a result of the accident.
• Emotional distress. Psychological impact, including anxiety, depression, and trauma from the accident.
• Loss of enjoyment of life. Inability to participate in hobbies and activities you previously enjoyed due to disability or psychological impact.
• Loss of consortium. Impact on personal relationships, including loss of companionship and support from a spouse or family member.
• Permanent disfigurement or disability. Compensation for lasting physical changes or impairments resulting from the airplane accident.

What’s the average aviation accident settlement amount?

Aviation accident settlements will vary based on the state they’re filed in, the amount of damage done, and the skills of your attorney. For example, under the Montreal Convention, passengers on international flights can claim up to $155,700 for an injury or death without even having to prove the airline was negligent. 

If you can prove that the airline was negligent, there is no limit to the amount you can collect, although settlements in the U.S. tend to be higher than in other countries. Airplane accident lawyers can argue for higher amounts based on the following factors.

• Wrongful death vs. personal injury. Settlements for wrongful death typically include lifetime loss of financial support and higher compensation for emotional distress, like loss of companionship. They tend to be higher than personal injury lawsuits. 
• Severity of injury. Aviation accident cases often involve severe injuries, especially airplane crashes. Traumatic brain injuries (TBI), spinal cord injuries, burns, and bone fractures must be accounted for.
• Negligence vs. gross negligence. A simple, unintentional pilot error may not lead to as high of a settlement as gross negligence, which is a blatant disregard for safety.
• Percentage of liability assigned. In some states, settlements are influenced by the proportion of fault assigned to each party involved. If multiple parties share liability, the settlement amount may be divided accordingly.
• Precedent. Previous settlements in similar cases can guide the calculation of the current settlement amount.
• Accident victim’s age and health. Younger aviation accident victims or those in good health may receive higher settlements due to the longer-term impact of their injuries.

Can you win an aviation accident lawsuit without a lawyer?

You don’t have to hire an aviation accident lawyer in order to file (or even win) this type of lawsuit, but it’s highly recommended. Aviation accidents involve complex laws, technical evidence, and negotiations with powerful insurance companies. A specialized lawyer will have expertise in navigating these complexities.

Without a lawyer, you risk accepting a lower settlement than you deserve, missing critical legal deadlines, or failing to present a compelling case. An experienced attorney can advocate for your rights, help you make the right decisions, and get you the best possible outcome. If you’re still not sure, it’s worth it to at least meet with an attorney for a consultation. LegalZoom offers expert personal injury advice for a flat fee that can help you get started with your claim.

How to find the best aviation accident lawyer

Having an experienced lawyer on your side can make all the difference in aviation accident cases. Use these sources to find the best attorney for your needs:

Ask for referrals

Start by asking friends, family, or colleagues for referrals to aviation accident lawyers they trust. If someone you know has had a positive experience with an aviation attorney, it’s a strong indication that the lawyer is reliable. You could also reach out to professionals in the aviation industry who may know a good attorney.

Reach out to your local bar association

Bar associations maintain directories of licensed attorneys and can provide information on their specialties and disciplinary records. They might even offer referral services that match you with attorneys who have proven expertise in your type of case.

Search LegalZoom’s online directory

Finding a vetted attorney shouldn’t be overwhelming, even for a specialized area like aviation law. Our easy-to-use directory lets you find highly rated personal injury lawyers with detailed profiles, areas of specialization, and client reviews. If you or a loved one has been injured in an airplane accident, it’s a great place to start.

FAQs

How long do I have to file a lawsuit after an aviation accident?

The time limit to file a lawsuit—known as the statute of limitations—varies by state. Typically, you have two to three years from the date of the accident. Consult an attorney as soon as possible so you can meet the deadline in your jurisdiction.

How much does an aviation accident attorney cost?

Aviation accident attorneys usually work on a contingency fee basis, meaning they only get paid if you win your case. The fee is typically a percentage of the settlement or award, ranging from 25% to 40%. Always discuss fee arrangements during your initial consultation.

What information should I bring to my initial consultation with an aviation accident lawyer?

Bring accident reports, medical records, insurance policies, correspondence you’ve had with airlines or insurers, and other important documents. Also, bring photos, witness contact information, and personal notes about the incident. The more information you bring, the better advice your lawyer can provide.

What are common causes of aviation accidents?

Common causes of airplane crashes and other aviation accidents include pilot error, equipment malfunctions, adverse weather conditions, and crew errors. Other factors include air traffic control mistakes, maintenance failures, and bird strikes.

Who can be held liable for an aviation accident?

Liability for an aviation accident can extend to multiple parties, including pilots, airlines, aircraft manufacturers, maintenance crews, and air traffic controllers. Determining liability involves investigating each party’s role in the accident and whether they followed safety regulations and standards. An attorney can help identify the responsible parties.