Aviation attorneys specializing in personal injury lawsuits help you to navigate the various legal factors involved in bringing a personal injury lawsuit to bear against an aviation company or even the government, in the event of a military plane crash. There are many questions that must be asked in the event of a plane crash that determine the extent of the liability and who is responsible for providing damages to those who have been injured as a result of negligence.
Some of these questions include the following: what kind of law should be used? State, federal, and even international law may be involved in determining who is responsible for the damages results from a plane crash and a good aviation attorney will be able to actively pursue each of these legal avenues. The aviation attorney should be able to determine from an analysis of the event and what happened which kind of forum would be best for the trial that is to ensue.
The aviation attorney involved in handling the lawsuit for a crash should be able to determine whether lawsuits should be carried forward as an individual case or as a class action for all of the people who were onboard the flight. The attorney should also be able to decide who is most responsible and who should be sued, whether that is the operator of the aircraft, the aircraft manufacturer, the airport operator, the corporate officers or the manufacturer’s of the component parts of the aircraft in question.
Various options are available for the recovery of damages due and the attorney will generally choose between options such as strict liability, negligence, breach of warranty or statutory provisions. The aviation attorney will also have to know about preserving the materials of the plane so that proper evidence is available during the trial, and how to demonstrate that damages have been suffered which necessitate that the parties responsible pay to assist the person or persons who have been hurt as a result of the aviation accident.
In some cases military personnel who are involved in plane crashes may be able to bring lawsuits against the manufacturers of airplanes or even the government when involved in a plane crash. Generally laws are in place which make is very difficult or even impossible for military personnel to sue the military over injuries that they sustain, however in some cases it may be possible to show that the aircraft in question was unreasonably dangerous and in those cases it may be best to sue the aircraft manufacturer. If legal action is pursued within two years it may be possible in some situations to sue the government under the Federal Tort Claims Act which makes it possible for the United States to be sued as if it were a private person.
The most common claims that are made in the case of aviation lawsuits are things such as personal injury claims, wrongful death claims, mechanical failure claims, defective product claims, or pilot / employee error. If you believe that you have been subject to any of these problems, take your case to an aviation attorney right away!