Fortunately, airplane crashes are extremely rare. However, when they do occur they can be catastrophic. Most victims of airplane crashes do not survive. Survivors are left with serious injuries that may include a back injury, broken bones, paralysis, a head injury or a brain injury. Such injuries require extensive treatment and long recovery times. Recovering victims often miss weeks or months of work. Others never return to work at all because their injuries are permanent. The families of lost loved ones are left emotionally devastated and may also suffer financially. In the same way that a victim of a car accident may seek damages from the person who caused the accident by filling a New York personal injury claim, New York law allows victims of airplane accidents and their family members to seek damages as well. At such an emotional time it is important to consult with an experienced Bronx Airplane Crash Injury Lawyer before making decisions about your legal options in the aftermath of such a distressing accident. In addition, if during the course of the treatment for your injuries the medical staff commits medical malpractice, the party responsible for airplane crash injuries may be required to compensate you for that as well.Legal Liability for an Airplane Crash
There are many possible causes of airplane crashes including bad weather, air traffic controller error, pilot error, fuel problems, engine failure, defective design, and poor repair or maintenance. However, pinpointing the cause of an airplane crash can be difficult and can take several months of investigation. In some cases there are multiple causes for the accident. The National Transportation Safety Board (NTSB) has the responsibility of investigating airplane crashes. The Federal Bureau of Investigation and the Federal Aviation Administration (FAA) also aid airplane crash investigations.
Depending on the cause of the crash, victims may pursue claims against a variety of parties. For example, if the NTSB determines that crash was the result of defective equipment or a faulty design, then victims may have product liability claims against the aircraft manufacturer. If the crash was caused by pilot error, then the victims would have a negligence claim against the pilot and the airline. If the carelessness of an air traffic controller caused the accident, then the victims would sue the federal government under the Federal Tort Claims Act (FTCA). 28 U.S.C. 171. Suing the federal government is more complex than suing and individual as the FTCA sets forth unique rules and procedures that must be followed. For example, prior to filing your lawsuit against the federal government you must first put the government on notice that you have a claim by first filing administrative paperwork with the FAA. If the FAA rejects your claim you then have the option of filing your lawsuit in court. However, you must do so within 6 months of your claim being rejected by the FAA. You also have the option of trying to reach an acceptable settlement with the FAA and avoiding court altogether. Even if you have not yet decided to file a lawsuit against the federal government you should make sure that you are represented by someone experienced with all aspects of pursuing a tort claim against the federal government in order to ensure that your legal rights are properly protected.
In addition to the rare airplane crash there are many incidents on airplanes and in terminals that result in injury. In-flight turbulence as well as rough landings sometimes leave passengers with back and head injuries. There are also accidents related to the food service equipment, mobile stairways used to embark and disembark from airplanes, as well as slip and fall accidents on tarmacs and in jetways that lead to serious injury. Passengers who are injured under any of these circumstances may also be entitled to compensation.Types of Damages
Through a personal injury lawsuit there are a variety of types of damages that may be available to you based on the losses you suffered due to another person's negligence. For example, victims who suffer serious injuries after being injured in airplane accidents will undoubtedly face substantial medical expenses. These expenses include the fees your doctors charge, ambulance fees, emergency room fees, hospital fees, surgical fees, costs of prescriptions, costs of medical equipment, as well as fees associated with rehabilitation.
Whether you miss a few weeks or a few months of work, the negligent party is responsible for paying you the wages and other compensation that you lost. Pain and suffering is a legal term that encompasses not just physical pain, but also emotional and mental suffering such as fear, grief, worry, inconvenience and the loss of the enjoyment of life.
If a loved one dies in an airplane crash, under New York law the legal representative of that person may file a wrongful death lawsuit to recover damages.Bronx Airplane Crash Injury Lawyer
Plane accident cases are extremely complicated and may involve state, federal as well as international law. To make sure that your case is properly handled it is critical that you are represented by attorneys with experience handling airplane crash cases. Contact Stephen Bilkis and Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims that result from catastrophic accidents such as accidents involving commercial planes, private jets and helicopters. Contact us at 1.800.NY.NY.LAW (1.800.696.9529) to schedule a free, no obligation consultation regarding your case.