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I was
injured on an airplane that did not crash. Can I still sue?
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Who can be
held liable for airplane accidents?
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How
can I prove that the airline or the pilot of the airplane was at fault when
there are no surviving witnesses to the crash?
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What
damages are recoverable in aviation accident cases?
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Do
I need an attorney to bring an aviation case?
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What law
governs airplane crashes?
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Who
is entitled to bring a lawsuit based on injuries or deaths stemming from
airplane accidents?
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Do commercial airlines or companies that charge passengers to fly on their
airplanes owe a special duty of care to passengers?
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How in depth will my attorney investigate the crash?
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When is an
airplane accident most likely to occur?
I was injured on an airplane that did not crash.
Can I still sue?
Yes. Many serious injuries occur to passengers without an airplane
crashing. For instance, injuries can be caused by severe turbulence, the
negligent acts of flight attendants and can even occur before take-off or after
landing. The airline maintains the duty of utmost care for the safety of its
passengers.
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Who can be held liable for airplane
accidents?
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pilots
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owners
and lessors of the airplane
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employer
of the pilot
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manufacturers and suppliers of the airplane and component parts of the
airplane
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chart
publishers
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repairers
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air
traffic controllers
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Federal
Aviation Administration
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How can I prove that the airline or
the pilot of the airplane was at fault when there are no surviving witnesses to
the crash?
Plaintiffs
are aided by a legal doctrine known as "res ipsa loquitor" which holds that
?there will be a presumption of negligence on the part of the airline or pilot
if the plaintiff can establish that the accident is of a kind that ordinarily
does not occur absent someone's negligence; the accident was caused by an agency
or instrumentality within the defendant's exclusive control; and, the accident
was not due to any voluntary action or contribution of the plaintiff?. Almost
every airplane crash fits this description; thus, proof in the case shifts to
the defendant to prove that it acted reasonably.
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What damages are recoverable in
aviation accident cases?
The
plaintiff who is still alive is entitled to recover damages for:
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past and
future medical expenses
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past and
future wage loss
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past and
future pain and suffering
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punitive
damages
If the
passenger on the airplane dies, his or her survivors are entitled to recover:
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Do I need an attorney to bring an
aviation case?
Yes. In
major airline crash cases, the airlines will often attempt to settle with the
survivors before they retain attorneys. The offers from the airlines are
generally low. Most plaintiffs do much better retaining attorneys. Aviation
litigation is very complex and there usually needs to be an investigation to
ascertain fault. This will require a skilled attorney.
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What law governs airplane crashes?
What law
governs an airplane crash is decided by whether the airplane accident involved
an air carrier, like a commercial commuter or passenger airline or civilian
accident. If the airplane crash was a civilian accident, then the rules that
apply are similar to the "Rules of the Road" and legal negligence standards of
ordinary and reasonable care. A pilot flying such aircraft must use reasonable
care in flying a plane; a mechanic is to use reasonable care in fixing an
airplane, etc.
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Who is entitled to bring a lawsuit
based on injuries or deaths stemming from airplane accidents?
Any
passenger who is injured in an airplane accident, or the heirs of any passenger
who is killed, are entitled to bring a lawsuit.
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Do commercial airlines or
companies that charge passengers to fly on their airplanes owe a special duty of
care to passengers?
Yes.
Commercial airlines and companies that charge people to fly in their planes are
considered "common carriers" and owe passengers the highest duty of care under
the law to make sure that their travel is safe.
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How in depth will my attorney
investigate the crash?
It is
critical that the plaintiff's attorney does everything that he or she can to
thoroughly investigate an airplane accident case. Governmental agencies will
perform their own investigation, and attorneys should obtain these reports.
However, it is also important to inspect what is left of the airplane and other
evidence that is available after an airplane crash.
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When is an airplane accident most likely
to occur?
Airplane
travel consists of three phases:
Looking at
accident rates for each phase, cruise is the safest part of flying. Only about 6
percent of all accidents occur during this phase. Approximately 35 percent of
all accidents occur during takeoff and climb. Nearly 60 percent of accidents
occur during descent, approach and landing.
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At Munley,
Munley & Cartwright, our goal is to provide exceptional legal services to our
clients. We strive to achieve the highest standard of excellence for the
protection of individual rights through team work and the use of our
considerable resources and experience. Whether we?re gathering evidence,
giving advice, or talking with insurance companies, we are always your
representative. For a free consultation please submit the below, or call us at:
1-800-318-LAW1
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