I survived a commercial aircraft crash and want to file a lawsuit. What issues and things should I know to proceed?


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Question:

I recently survived a commercial aircraft crash and am considering bringing action against the airline and/or the plane manufacturer.  What issues should I be looking at regarding the possible suit?

 

Answer:

It is an unfortunate fact that despite all measures of safety taken, airplanes do crash.  Sometimes, an uncharted weather front or an unexpected flight of birds may be the culprit.  However, at times pilot error or controller error is at fault.  Also, manufacturer defects or bad maintenance may lead to devastating crashes.  In the latter instances, crash survivors or relatives of crash victims may have an actionable case against the airline or manufacturer involved.  The FAA oversees overall airplane safety regulations and the first issue any plaintiff’s attorney will look into is to determine who is at fault or what caused the accident, and then what laws and regulations apply in that situation. 

At minimum, the FAA requires aircraft safety alerts that cover airworthiness directives, maintenance alerts, and service difficulty reports.   Aircrafts, whether commercial or private, are required to be certified for airworthiness.  If any of these directives have been violated, again you may have an actionable case.  Where there is more than one or two victims, a class action suit may also be brought.

Consult with an aviation attorney to determine what your rights are as a crash victim and how to proceed against any party at fault.

This article is provided for informational purposes only. If you need legal advice or representation,
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