Who is entitled to compensation after an airplane accident? How much is your claim worth? Aviation accident victims have many questions after an incident, especially if they’re injured and facing financial hardships. Understanding the personal injury process and working with an expert aviation accident attorney can help you and your family win the justice you deserve.
When most people think of airplane accidents, they likely envision a sizeable commercial airline plummeting from the sky. Those scenes are horrible, but there are many other types of aviation incidents, like runway overshoots, small aircraft crashes, helicopter accidents, land side injuries (airport and jet bridge), and landing gear issues. These types of accidents happen much more frequently.
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The aviation industry is much safer today than in its infancy, but flying isn’t risk-free. Every time someone gets on a plane, they’re handing their fate over to people they believe are qualified and are following the law. Aviation accidents are among the 15 most common travel injuries in the United States each year.
Passengers’ lack of control and what’s at stake are reasons the aviation industry is so regulated. There are protections in place for families whose loved ones suffer injuries or tragic death.
However, navigating the legal system after an airplane accident is often challenging for families still reeling from the impacts of a crash. Usually, victims injured or killed in an aviation accident need a skilled lawyer to handle their lawsuit. With the right legal advice and resources, you can win compensation to cover medical bills, lost income, pain and suffering, disability, and other costs associated with your accident.
Here is your ultimate guide to getting started on aviation and airplane accident personal injury lawsuits.
Liability is one of the main challenges of pursuing a lawsuit after an airplane crash. Aviation companies often present complex jurisdictional problems because plane crashes happen globally. There are also international airlines that fly here in the United States. A faulty parts manufacturer might be based in India or China, making seeking damages more difficult.
It’s sometimes unclear who is liable for victims’ injuries or death. Typically, experienced lawyers will spend months looking into case evidence and examining the scene to determine who is at fault for what happened.
However, here are some possible liable parties and the potential roles they play in aviation accidents:
Learn about some other frequent causes of aviation disasters and cases Leighton Panoff Law handles here.
Even though large commercial airplane accidents get most of the attention in the news, most aviation accidents happen with or in small private aircraft. Why?
Smaller planes and helicopters are popular in the United States. Here in Florida, for example, you can spot them dotting the skies as they carry families and businesspeople across the region. People fly on private planes and helicopters because it gives them greater flexibility in how they travel.
However, the reasons stated above make flying smaller private planes more dangerous than flying in a commercial airliner.
That doesn’t mean commercial airline accidents don’t happen. However, they typically involve many more people, which puts them on the front page of almost every newspaper.
Most commercial airline accidents happen because of engine failure. People also are injured when a commercial plane travels through severe turbulence. Other reasons for commercial accidents include:
Large airliners are highly complex. They always have multiple pilots to decrease the chances of failure or mistakes. The U.S. government regulates airlines closely to maintain confidence in flying.
Aviation accidents in a helicopter, small airplane, or a large commercial airline often cause severe injuries and lingering trauma. People make an impact at high speeds, which leads to broken bones, brain damage, and death.
It happens more often than people imagine. Check out this list of 2020 Florida plane accidents.
Victims of airline accidents frequently deal with lifelong injuries, pain, and suffering that impact everything from their ability to work to their willingness to fly again.
Thankfully, the legal system in the United States offers pathways for victims to win compensation to help pay for:
These are just some of the costs victims face as they manage the effects of an accident. Working with a lawyer who specializes in airplane accident lawsuits can help you and your family win compensation faster, earning the justice you deserve after a flight gone horribly wrong.
We use a team of aviation accident lawyers, nurses, doctors, paralegals, investigators, and aviation experts to gather evidence and pursue maximum compensation for aviation victims.
Lawyers represent victims in airplane crash accident claims. In this case, your typical victim is the plaintiff, and the airline, airplane owner, manufacturer, etc., are the defendants.
Punitive damages have two purposes in an accident claim:
Knowing whether you can pursue punitive damages is essential for your case. Many states place limits on punitive damages for injuries or death that happen in airplane accidents.
Again, working with an experienced aviation lawyer will help you know whether pursuing punitive damages is a good option. At Leighton Panoff Law, we handle cases that involve injuries to:
Click here to learn more about personal injuries and the claims process.
The evidence in your case and the stress of going to trial often mean that settlements are the best path forward. With expert representation, plaintiffs receive compensation appropriate for injuries suffered or death, and defendants avoid a lengthy legal process.
Not all settlements happen the same way. Your lawyer will look at the circumstances of your case, the other parties involved, and how to best proceed. Here are some possible avenues:
Families can struggle with the effects of an airplane accident long after the incident is over. For example, in the 2013 Asiana Airlines crash in San Francisco, many passengers suffered severe spinal injuries even though they were wearing their seatbelts.
Their injuries underscore the strength of the impact when the plane hit the ground before the runway, leaving them with pain for years after the crash.
When your lawyers negotiate settlement payments with the airlines or a parts manufacturer, they must account for the long-term impacts of the accident because defendants and their lawyers will include indemnity provisions.
The aviation law experts at Leighton Panoff Law have a proven track record of winnings substantial judgments for airplane accident victims.
Some of our recent settlements include:
$2,800,000 settlement – Aviation crash resulting in death in Osceola County, FL
$500,000 settlement – Smoke inhalation injuries
$430,000 settlement – Jet bridge injury
$300,000 settlement – Broken hand in evacuation slide
These are examples of how we help victims win money to pay for medical bills and the trauma that results from airplane accidents. The amounts represent the gross recovery in each case. Each case is unique and must be evaluated on its own merits. Talk to the team at Leighton Panoff Law to hear how we can help.
Most settlement agreements include indemnity clauses that state that the defendant cannot be held liable for any future related costs. So, for instance, a plaintiff cannot agree to a settlement proposal and then change their mind that the compensation isn’t sufficient years down the road.
As a result, accident victims must understand the settlement’s scope before signing anything.
Clear instances of fraud, recklessness, or negligence often reach a settlement out of court. However, when there is overwhelming evidence, defendants typically want to resolve the case quickly to save money and limit damage to their reputation.
For example, if a plane or helicopter crash happens because a pilot was flying drunk or there was a blatant disregard for maintenance, there is little chance the liable parties will win in court. In fact, taking such egregious cases to court sometimes backfire, and cost defendants more money.
However, some cases are not so clear-cut. For example, if a mechanical failure leads to a plane crash, there will sometimes be challenges over who is responsible. Many times air crashes are caused by a combination of failures leading to the disaster. Is it the manufacturer or the aircraft owner or the pilot or the air traffic control or the maintenance? Was weather a major factor? These cases can go to court because defendants feel like they were not at fault and are willing to let a judge or jury decide on the merits of the case.
Hiring an experienced lawyer improves the chances of a favorable outcome whether you settle out of court or take the case to trial.
Choosing the right attorney and legal team increases your chances of winning more compensation after an airplane accident. A higher payment means you get more resources to take care of your family, recover from injuries, and return to normal life faster.
Here’s what you should look for when you’re hiring a lawyer:
Leighton Panoff Law works with aviation accident victims to win compensation after negligence, reckless actions, and other issues. John Leighton is a board-certified civil trial specialist with over 35 years of experience winning settlements for accident victims. We aggressively pursue damages to cover medical costs and other expenses related to your recovery. Tell us about your case and how we can move things forward as quickly as possible.
When most people think of airplane accidents, they likely envision a sizeable commercial airline plummeting from the sky. Those scenes are horrible. While plane crashes are rare, there are many other types of aviation incidents, like runway overshoots, small aircraft crashes, helicopter accidents, land side injuries (airport and jet bridge), and landing gear issues—the types of airplane accidents that happen much more frequently.
The aviation industry is much safer today than in its infancy, but flying isn’t risk-free. Every time someone gets on a plane, they’re handing their fate over to people they believe are qualified and are following the law regarding safety. However, aviation accidents are among the 15 most common travel injuries in the United States each year.
Liability is one of the main challenges in pursuing a lawsuit after an airplane accident. Sometimes, its unclear who is liable for victims’ injuries or death.
Multiple parties may be liable in aviation accidents, depending on the circumstances. Potentially liable parties include:
Air Traffic Control – responsible for managing airplane traffic in the sky and on the ground using sight, charts, and radar
Flight Personnel – including pilots, flight attendants, and maintenance teams responsible for safe aircraft operation
Weather Service Units – FAA-created units staffed by meteorologists who provide live weather information
Airlines – responsible for maintaining aircraft and ensuring they pass stringent safety checks
Aviation Manufacturing Companies – companies that make planes and the ecosystem of parts suppliers
Airplane Owners – particularly in small aircraft accidents where owners are directly responsible for flying and maintenance
Experienced lawyers typically spend months looking into case evidence and examining the scene to determine who is at fault for what happened.
Commercial airplane accidents get the most attention in the news, but most aviation accidents actually occur in small private aircrafts. Private aircraft accidents occur more frequently than commercial airliner crashes for several key reasons:
Private aircraft are usually smaller
They’re more susceptible to weather conditions
They have fewer safety procedures in place
Pilots often have less experience than commercial pilots
There is less oversight for private aircraft
Many are single-pilot aircraft
Some pilots are not instrument rated and rely solely on visual navigation
Smaller planes and helicopters are popular in the United States, especially for businesspeople who prefer fast and reliable transportation across regions.
While commercial airplane accidents are rare, they still happen. Commercial airline accidents typically occur due to:
Engine failure – the most common cause
Severe turbulence – often resulting in passenger injuries
Pilot error
Computer error
Sudden weather changes
Air traffic control mistakes
Terrorism
Large commercial airliners are highly complex machines with multiple pilots to decrease the chances of failure or mistakes. The U.S. government regulates airlines closely to maintain confidence in flying, which contributes to their relatively strong safety record compared to private aircraft.
Aviation accident victims often face lifelong injuries, pain, and suffering that impact everything from their ability to work to their willingness to fly again due to lingering trauma.
Through the legal system in the United States, victims can pursue compensation to help pay for:
Medical Bills
Lost Income
Wrongful Death
Pain & Suffering
Disability and disfigurement
Working with specialized aviation accident lawyers can help victims and their families secure appropriate compensation for these and other costs resulting from an accident.
Leighton Panoff Law uses a team of aviation accident lawyers, nurses, doctors, paralegals, investigators, and aviation experts to gather evidence and pursue maximum compensation for aviation victims.
Punitive damages serve two important purposes in aviation accident claims:
They punish defendants for past conduct, such as making a company pay for grossly negligent acts that resulted in injuries or death
They discourage (deter) similar events from happening in the future by warning other industry players and incentivizing better safety protocols
Many states place limits on punitive damages for injuries or death in airplane accidents. Whether pursuing punitive damages is appropriate depends on the specific circumstances of each case, which is why working with an experienced aviation lawyer is essential to determine the best legal strategy.
To maximize the outcome of your punitive damage case, it is best to work with an experienced aviation lawyer. Leighton Panoff Law can help you in cases involving injuries to: airline personnel, airport workers, passengers, property owners, drivers on the road, bystanders, and first responders.
Settlement agreements in aviation accident cases can be reached through various channels:
Lawyer-to-Lawyer Discussions – typically the first level of engagement using verbal or written communication
Meetings Between Attorneys & Insurance Providers – involving insurance representatives who ultimately approve payments
Meetings with the Plaintiff – allowing defendants to gauge plaintiff responses to compensation offers
Meetings with All Parties – sometimes the most effective approach for reaching amicable resolutions
When your lawyers negotiate settlement payments with the airlines or a parts manufacturer, they must account for the long-term impacts of the accident because defendants and their lawyers will include indemnity provisions.
The aviation law experts at Leighton Panoff Law have a proven track record of winnings substantial judgments for airplane accident victims.
Some of their recent settlements include:
$2,800,000 settlement – Aviation crash resulting in death in Osceola County, FL
$500,000 settlement – Smoke inhalation injuries
$430,000 settlement – Jet bridge injury
$300,000 settlement – Broken hand in evacuation slide
Clear instances of fraud, recklessness, or negligence often reach a settlement out of court. When overwhelming evidence exists, defendants typically want to resolve cases quickly to save money and limit damage to their reputation. For example, if a crash happens because a pilot was flying drunk or there was blatant disregard for maintenance, the liable parties have little chance of winning in court.
However, some cases are not so clear-cut. If a mechanical failure leads to a crash, there may be challenges determining responsibility. Many air crashes are caused by multiple failures – the manufacturer, aircraft owner, pilot, air traffic control, or maintenance could all be factors. Weather might also play a major role. These more complex cases may go to court when defendants believe they were not at fault and prefer to let a judge or jury decide.
Most settlement agreements include indemnity clauses that state that the defendant cannot be held liable for any future related costs. So, for instance, a plaintiff cannot agree to a settlement proposal and then change their mind that the compensation isn’t sufficient years down the road.
As a result, accident victims must understand the settlement’s scope before signing anything. To avoid problems relating to indemnity and other disadvantageous clauses in a settlement, don’t sign anything without the advice of an expert aviation accident lawyer.
important factors:
Experience – Look for attorneys who have handled similar aviation cases and specialize in representing accident victims
Successful Outcomes – Examine their track record of compensation won for clients
Trial Experience – Ensure they can effectively represent you in court if settlement isn’t possible
Good Working Relationship – Your lawyer should maintain clear communication throughout your claim
Resources – Aviation cases require investigators and expert witnesses due to their complexity
Aviation accident cases are highly specialized and complex, requiring attorneys who understand the technical details and regulations of the industry. The right legal representation significantly increases your chances of receiving appropriate compensation. Expert aviation lawyers with a track of successful cases and favorable settlements, like that of Leighton Panoff Law, are among your best options.