Seeking Compensation Following An Aviation Accident

9 July 2021
 Categories: Law, Blog


While air travel is one of the safest modes of transportation, accidents do occur from time to time. The aviation industry invests extensively in safety procedures and protocol at all levels. Aviation accidents can occur for various reasons, including human mistakes, bad weather, and mechanical failure. Players in the aviation industry typically conduct forensic investigations to determine the cause of an accident and utilize that information to build preventive care measures. Following an aircraft accident, any victim or family of a victim may seek answers and compensation. Victims of aircraft accidents should seek the advice of an experienced aviation attorney to improve their chances of a court victory. Below are a few ways an aviation attorney can come in handy:

Expert Legal Representation

Aviation law is a highly specialized field of law that requires a high level of skill, knowledge, and experience. Several aviation rules, regulations, and stipulations govern the industry, all of which must be understood if a person wants to pursue a case against an airline. Furthermore, the airlines and their insurance firms have a lot of money and competent lawyers at their disposal to protect their interests in the event of a dispute. Thus, going against airlines is a daunting endeavor for anyone without legal competence in aviation law. Hiring an aviation attorney increases the likelihood of a complainant's claim being successful because the lawyer understands the aviation industry. Aviation attorneys ensure that their clients are well-represented throughout the entire process.

Establishing Fault and Negligence

Hiring an aviation attorney is integral when required to establish and prove negligence. One key challenge that parties in aviation litigation face is determining who is at fault. The difficulty in deciding guilt or negligence in aviation litigation is that there are many parties involved, as opposed to auto accidents, which generally involve few people. In an aviation lawsuit, the parties can include the pilot and their assistants, the airline, the airplane manufacturer, maintenance employees, or even weather briefers. Thus, establishing negligence or guilt needs an experienced legal mind with a thorough understanding of aviation law. An aviation attorney possesses all of the necessary expertise to identify and prove the responsible party.

Determine the Applicable Laws

Aviation attorneys understand the applicable laws based on the jurisdiction. A significant challenge in aviation litigation is deciding which rules apply between interstate and international laws. Aviation litigation necessitates an expert who understands which laws apply when all elements are taken into account. The variables include where the plane took off, where it was headed, where it crashed, and the number of persons on board. An assessment of these criteria requires an aviation attorney to determine which laws apply to their client's case.