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New York Airplane Crash Frequently Asked Questions

Who is entitled to bring a lawsuit for an airplane crash?

If the airplane crash caused the injury, the injured party can bring a claim. If the victim was killed in the accident, the next of kin have the ability (standing) to file a claim.

Do airlines owe a special duty to passengers?

Yes. Commercial airlines that carry passengers owe the highest duty of care to their customers.

Does there have to be a crash to have a claim?

Not always. If, for instance, an airline knew they were going to encounter significant turbulence and a didn’t warn you and you were hurt as a result, the airline could be liable.

Are the rules different between a domestic and an international flight?

Yes. There may be limitations on what a crash victim can recover from injuries sustained on an international flight. There are however, exceptions to these rules. It is important to speak with legal counsel to learn about your rights in these instances.

Can you prove pilot error if there are no survivors?

Often in this case, experts can be utilized to determine the cause of a crash. Cockpit voice recorders and flight data recorders are very important in determining the cause of a crash.

What kind of damages are recoverable?

Survivors can recover reimbursement for medical expenses, loss of income, and pain and suffering. In the event of a wrongful death, damages can include loss of support, loss of aid, comfort and society, and funeral expenses.

What are common causes of airline accidents?
  • Problems with approach and landing;
  • Runway incursions;
  • Uncontained engine failure; and
  • Bad weather.
What is the Statute of Limitations for an airplane crash?

The time period for bringing an action will depend on what laws apply to the accident. In some cases, this can be very short, so it is important to seek legal guidance as soon as possible.

Who investigates these accidents?

Usually the National Transportation Safety Board will head up the investigation. Also, the Federal Aviation Administration and local law enforcement will be involved.

Should families negotiate with the airline or the insurance company if there is an airline crash?

Every case is different. There are times when it is better to negotiate with the airline directly, and other times it is appropriate to deal with the insurance company. It is important to consult with legal counsel to determine what is the best option for you.

Is there a cap on what I am able to recover from an international airline accident?

International airline accidents come under the Warsaw and Montreal Conventions that limit the recovery of each passenger to $75,000. This however, does not apply to crashes that happen in the United States.

Where do you file a claim for an airplane crash that took place in the US?

Crashes that take place in the United States can be filed in the injured party’s home state. There are times however, were it will be preferable to file a claim where the airline company has their main office, and in other instances the claim should be filed where the plane crashed. The choice of venue should be evaluated by a lawyer.

Do I need a New York airplane crash lawyer?

Yes. The processes involved after an airline crash are complicated. If a loved one is seriously injured or has been killed, the matter will be emotionally draining and very stressful. Should you decide to file a claim, the process will be complex and should be handled by an experienced lawyer. Be sure to contact our office for a free consultation and to discuss your case.

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