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Frequently Asked Questions The death of a loved one in a plane crash is a horrible tragedy. The pain, loss, and emptiness you experience may only be minimized by the passage of time. We know this because our attorneys have represented people who've lost loved ones in plane crashes. We have recovered significant damages for family members of accident victims. During this very difficult time, you may be asked to make a decision that jeopardizes your legal rights. After an aviation accident, the airline's insurer will contact survivors or victims' families with an offer of a settlement. Do not sign any documents or accept any offers of settlement without having an attorney immediately review these documents and advise you accordingly. Otherwise, you will waive your right to a future claim against the insurer or other parties involved in the accident. We welcome your questions and stand ready to help you through this very trying time. Experience has taught us that you deserve the maximum compensation for your pain, loss, and suffering. Often, aviation accidents fall under the jurisdiction of state, federal, and even international law; therefore, you need an attorney experienced in handling these types of cases. Although our firm is located in Phoenix, Arizona, we have the contacts and capabilities to professionally, and successfully, handle aviation cases arising in any location. You need an attorney who has the background and resources to investigate the cause of the accident and to help you collect the maximum amount allowed under the prevailing law. While our firm is experienced in these matters, we also have affiliations with attorneys that have specialties in every area of aviation. Some firms attempt to do everything "in-house" regardless of whether the attorney has the expertise or ability to do so. This is often detrimental to the client. When necessary, our policy is to call on our affiliated attorneys/experts in order to provide a superior service to our clients. What are the first steps? Contact an attorney well versed in aviation law. Although too large to list here, a few examples of steps an experienced aviation attorney will do after an accident has occurred, are as follows:
2. Collect radar information, airworthiness directives files, service bulletins, TSOs, Advisory Circulars and Other FAA Orders, Tape Recordings of "all" communications relevant to the accident flight, (not just the usual 5 minutes before and 5 minutes after contact with the accident aircraft); 3. Interview witnesses; 4. Preserve all Air Traffic Control recordings, TRACON Radar Raw Data generated by ARTS, and NTAP Radar Raw data from the ARTCC; 5. Locate key witnesses; 6. Identify jurisdictional issues; 7. Evaluate liability of the parties responsible for the crash; 8. Protect the client's rights during initial interviews with authorities; and 9. Undertake much behind the scenes work involving document review and analysis to properly prepare your case. What should I look for in an aviation attorney? Many top aviation lawyers are more than lawyers with a pilot's license. Aviation attorneys are experienced in dealing with: 1) the FAA - which heavily regulates the aviation industry, 2) the NTSB - which controls the investigation of all serious civilian accidents in the United States, 3) aviation insurers -who provide the money to settle these cases and 4) experts - who are knowledgeable and credible in the fields of metallurgy, accident reconstruction, meteorology, air traffic control, avionics, etc. Remember, while an attorney's aviation credentials are important, it is his or her particular skill as a lawyer, coupled with aviation experience and hard work, that will get results. One of our founding partners, Michael Pearson, has over 22 years experience in various facets of air traffic control. In addition, he teaches aviation law at Arizona State University (and has for over 10 years). He writes an aviation column for a monthly magazine. Prior to teaching at Arizona State, he taught at Embry-Riddle Aeronautical University. He is a graduate of the Department of Transportation's aviation accident school (Transportation Safety Institute) and was a quality assurance specialist at one of the busiest terminal radar approach control (TRACON) facilities in the country. Why is aviation accident law different? Aviation law is different from other forms of personal injury law, because most injury law is based on state law. In aviation law, federal entities (the FAA and the NTSB) have regulations in place that preempt state laws. Other regulations can influence aviation law as well. If a crash occurs within a state's boundaries, the law will generally allow damages for medical & funeral expenses, loss of victim's anticipated earnings in the future, loss of pension benefits (or some inheritances) caused by the victim's death, pain and suffering or mental anguish to the survivors, loss of care, protection or companionship (consortium) to survivors. Knowing what law applies to the specific situation allows an attorney to properly prepare clients for what to expect, and to maximize the potential recovery for family members of aircrash victims. Flight crew members, airline owner(s), manufacturers, maintenance personnel, and air traffic controllers are the ones most frequently named as defendants. Who's entitled to compensation when an accident occurs? Passengers, family members of victims, persons injured on the ground (or their family members of persons killed on the ground), and pilots (if it is proved that pilot error was not the sole cause of the airline accident) may be entitled to compensation for the tragic event. What should I do? If you or a loved one has been involved in an aviation accident of any kind, you should contact an attorney experienced in aviation law as soon as possible to discuss your potential case. The time period in which to file claims is often limited (usually six months to one year after the date of the incident). Make sure that you are able to recover everything you are owed by speaking with an aviation lawyer today. For a review of your case, please contact Curry, Pearson & Wooten, PLC, at 602-258-1000. Ask to speak with Michael Pearson. This site contains general information that is intended to be accurate and up to date. It is not intended to provide legal advice. For legal advice, please personally consult with an experienced attorney. For further information, see our “Disclaimer”. |
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