Aviation accidents are not as common as auto crashes. However, the level of injuries sustained tends to be more severe. This explains why the need for maximum compensation is more dire for aviation accident victims.
A victim’s life can change in minutes, and the changes can be life-long. Families can lose their sole breadwinner or have to find a full-time caregiver for them. You can utilize the help of a Miami personal injury attorney to fight for the monetary compensation that will ease this burden.
What Could Have Caused the Airplane Accident?
Working out the cause of an aviation accident is never an easy task. However, teams of experts can investigate by putting together the events that led to the crash. The findings can easily expose the negligent individuals or institutions, and the victims or their loved ones can pursue compensation.
A Miami aviation accident attorney can help if the accident occurred due to:
- Structural or engineering design flaws
- An error with the air traffic controller
- Violation of the Federal Aviation Administration (FAA) guidelines
- Lack of adequate equipment maintenance
- Runway error
- Mechanical defects
- Pilot error
Notably, pilot error accounts for almost half of all aviation accidents. It means that a pilot operated the aircraft negligently with regards to:
- Mismanagement of technology
- Running out of fuel
- Failure to perform the “I’M SAFE” checklist: emotions/eating, fatigue, alcohol, stress, medication, illness
- Failure to use a checklist
- Inadequate pre-flight planning
- Inadequate pre-flight inspections
- Low-level maneuvering
- Poor communication
- Controlled Flight Into Terrain (CFIT)
What Injuries are Commonly Sustained in Aviation Accidents?
Aviation crashes not only happen in the air but also during take–offs and landing. Even when the airplane isn’t moving, a passenger can slip and fall while boarding and sustain serious injuries. Similarly, cargo can fall on the passengers and injure them badly. Sometimes, airbags and luggage compartments can malfunction and cause injuries.
Regardless of how it happens, the injuries can be catastrophic and significantly impact the person’s ability to work and carry out essential daily activities. Victims can talk to an aviation accident lawyer in Miami, FL, if they/their loved ones have suffered the following:
- Traumatic brain injuries
- Spinal cord damage
- Deep cuts
- Fractured bones
- Severe bruises
- Damage to soft tissues
- Loss of limb
- Head injuries
- Nerve damage
- Severe lacerations
Who May Have Neglected Their Duty of Care in The Airplane Accident?
Several parties have a responsibility to ensure that the safety of passengers is not compromised whenever they fly. If an entity fails to do what’s expected of them, the airplane malfunctions resulting in a fatal or severe crash.
Here are people that owe passengers a duty of care:
- Fixed base operators (FBOs)
- Service companies
- Private plane companies
- Commercial airline companies
- Air traffic control
- Manufacturers of parts and the aircraft itself
- Maintenance crews
- Flight crew members
- Private plane operators
- Tour companies using recreational aircraft
- Aviation companies operating other types of aircrafts
The responsibilities of these entities include:
- Conforming with the applicable rules and regulations
- Ensuring safe on-ground communication
- Ensuring safe operation
- Training and educating personnel
- Maintaining the aircraft
If it is proven that any of the above parties’ negligence is the cause of your injuries, you can sue them for damages. The compensation can cover both economic and non-economic damages, and an attorney in Florida can help.
What is the Statute of Limitation for an Airplane Accidents?
It is always safer to file a claim as soon as the accident happens, but a slight delay should not discourage you from going for what you deserve. The time limit in a case depends on the type of claim and the applicable laws.
If you are worried about time limits and deadlines, consult with a knowledgeable Miami aviation accident attorney the soonest possible.
- Suits against Air Ambulance Operators/EMS Helicopter (If MICRA applies). You need to file such cases within three years and adhere to specific pre-requisite requirements. If not, the case ought to be filed within two years. If you intend to sue the estate of a person who has died, you can do it within two years.
- Lawsuits Alleging Negligence, Product Liability, or Design Defects. Victims have four years since the course of action occurred to file a case.
- Suits against the Federal Government. You have up to two years to liaise if the accident resulted from errors in the air traffic control or weather reporting. They are required to fill the special Federal Tort Claims Act Claim Form, and if the government rejects it, one can file again after six months.
- Lawsuits against Government Entities in Florida. If the injuries resulted from the negligence of the municipal airports, you have three years to file the special state agency claim. In the case of wrongful death, the deadline is two years after the incident.
What Compensation Can Victims Recover in Florida?
The type of compensation one can recover depends on the types of injuries sustained. You can recover the expenses you spent to treat your injuries, i.e., in medical bills. If you missed work, you could be compensated for the income lost. Victims can also get damages for intangible losses like loss of enjoyment of life or pain and suffering.
If you lost a loved one in the plane crash, the negligent party should compensate you for loss of companionship, support, and consortium. You may also recover the money you spent on funeral expenses if the Miami attorney pushes for it.
Aggressive Accident Lawyers Fighting for The Rights of Injury Victims
A personal injury case is built on solid evidence, and the right attorney can put together all the paperwork required to prove negligence. After that, the legal expert can work out what you deserve in economic and non-economic damages.
Most Florida cases of this nature are settled outside court. Therefore, excellent negotiating skills are critical to receiving maximum compensation. Remember, the insurance company will likely come up with grounds to try to deny your claim. This is all the more reason why you need to contact the experienced and tactical personal injury lawyers at Lipcon & Lipcon, P.A. ASAP.
Contact us today to start your FREE consultation.