I was injured on an airplane while it was going through some turbulence. Do I need an Aviation Attorney?

My husband was injured while flying a month ago.  The “fasten seatbelt” signs were off and he was walking to the bathroom when the plane hit very heavy turbulence.  He was jerked into the air and his head hit the luggage rack.  He had to be hospitalized, and we do not know when he’ll be able to work again.  We want to go after the airline for his medical expenses, lost wages and pain and suffering.  Do we need to find a lawyer that specializes in aviation law for this type of case?

 

Answers (1)

A case of this nature does not usually require the extremely specialized services of an aviation attorney.  Aviation attorneys handle complex litigation over commercial or private aircraft crashes involving injuries or death.  These cases turn on investigation and apportionment of liability between the aircraft manufacturer, the flight crew, the ground crew, the air traffic control tower staff, etc.  Aviation attorneys – and their technical experts – take FAA, NTSB and other investigations and go further to determine what actually occurred.   Attorneys in this highly technical practice area must be knowledgeable about piloting, maintenance, engineering, aircraft design, materials, metallurgy, weather, air traffic control, airport operations, and other factors relevant to exploring the potential causes of an accident.

There does not appear to be a need for an aviation attorney here – unless perhaps your husband has reasonable grounds to believe that someone’s negligence failed to prevent the plane from flying into the “very heavy” turbulence, and/or that the flight crew could have warned the passengers or otherwise prevented or mitigated his injuries.  An experienced personal injury attorney can conduct an initial investigation into the flight, and refer you to an aviation attorney later if necessary.  The personal injury attorney can also help you navigate the airline’s injury claims processes, and file a civil lawsuit if your claims cannot be fully satisfied through the airline’s internal procedures.

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