How to Pursue Compensation After an Aviation Accident
Aviation accidents are rare but can have catastrophic consequences for victims and their families. Whether the accident involves a commercial airline, private plane, or helicopter, the legal and insurance processes can be overwhelming.
Pursuing compensation after an aviation accident isn’t just about recovering financial losses—it’s also about seeking justice and preventing future tragedies. The aviation industry is heavily regulated, but mistakes still happen due to negligence, mechanical failures, or inadequate oversight.
If you or a loved one has been affected by an aviation accident in Chicago, Illinois, working with an experienced aviation accident attorney can make a significant difference in pursuing compensation and holding the responsible parties accountable.
Victims and their families deserve answers, and legal action can help uncover the truth while securing compensation for medical bills, lost wages, and emotional suffering. Read on to learn more about these cases from our firm, Alberts Curran & Eiler P.C., and how an aviation accident attorney can help.
An Introduction to Aviation Accident Claims
Aviation accident claims are far more complicated than standard personal injury cases due to the involvement of federal and state regulations, multiple liable parties, and insurance companies that aggressively defend against claims. Victims may seek compensation for medical expenses, lost wages, emotional distress, and other damages resulting from the accident.
Common Causes of Aviation Accidents
Several factors contribute to aviation accidents, including:
Pilot error: Mistakes made by the pilot, such as misjudging weather conditions or failing to follow proper procedures.
Mechanical failures: Defective parts, improper maintenance, or equipment malfunctions can lead to dangerous situations.
Air traffic control errors: Miscommunications or misjudgments by air traffic controllers can cause mid-air collisions or unsafe landing conditions.
Weather conditions: Severe storms, turbulence, and other weather-related factors can contribute to accidents.
Runway incidents: Issues like runway incursions, poor airport maintenance, or debris can lead to crashes.
Sabotage or terrorism: Though rare, acts of intentional harm can play a role in aviation disasters.
Determining Liability in Aviation Accidents
Unlike car accidents, aviation accident cases often involve multiple responsible parties. Identifying the correct defendant is crucial for securing compensation. Potentially liable parties may include:
Airlines: If a commercial airline fails to follow safety regulations or properly train its staff, it may be held responsible.
Aircraft manufacturers: If a defective part or design flaw contributed to the crash, the manufacturer could be liable.
Maintenance crews: Improper inspections, faulty repairs, or overlooked mechanical issues can lead to liability.
Air traffic controllers: If an air traffic control error played a role in the accident, the government agency overseeing them may be at fault.
Pilots and crew members: Pilot negligence or failure to adhere to safety protocols can make them personally responsible.
Private aircraft owners: If the accident involves a privately owned aircraft, the owner may be held liable for inadequate maintenance or pilot errors.
Insurance in Aviation Accident Cases
Aviation insurance is designed to cover damages in the event of an accident, but insurers often attempt to limit their payouts. Understanding the role of insurance policies in these cases is essential.
Here are some types of aviation insurance coverage:
Public liability insurance: Covers damage to property caused by an aircraft accident but doesn’t include injuries to passengers.
Passenger liability insurance: Provides compensation for passengers injured or killed in an aviation accident.
Hull insurance: Covers damage to the aircraft itself.
Product liability insurance: Protects manufacturers in cases where a defective aircraft part leads to an accident.
Workers’ compensation insurance: Covers airline employees injured while on duty.
How an Aviation Accident Attorney Can Help
An aviation accident attorney plays a crucial role in handling these cases by:
Investigating the accident: Gathering evidence, reviewing flight data, and consulting aviation experts.
Identifying liable parties: Determining who is responsible for the accident and holding them accountable.
Negotiating with insurance companies: Fighting against low settlement offers and unfair claim denials.
Filing a lawsuit if necessary: Pursuing litigation when insurers or liable parties refuse to offer fair compensation.
Guiding victims through the legal process: Helping clients understand their rights and options every step of the way.
Steps to Take After an Aviation Accident
If you or a loved one has been involved in an aviation accident in Chicago or neighboring areas such as Lake County, Dupage County, Cook County, or Will County, taking the following steps can strengthen your claim:
Seek medical attention: Your health should be the top priority. Even if injuries aren’t immediately apparent, get a full medical evaluation.
Preserve evidence: Keep any documents related to the flight, accident reports, medical records, and communications from airlines or insurance companies.
Avoid speaking to insurance adjusters: Anything you say can be used to minimize your claim. It’s best to let an attorney handle communications.
Consult an aviation accident attorney: Legal guidance is critical in these cases, as aviation accident claims involve multiple parties and complicated insurance policies.
How Illinois Aviation Laws Differ from Other States
Illinois follows federal aviation regulations set by the Federal Aviation Administration (FAA), but state laws also play a role in personal injury claims related to aviation accidents. One significant difference is Illinois’ modified comparative negligence rule, which means that if a victim is found to be more than 50% responsible for the accident, they can’t recover damages.
Additionally, Illinois has a two-year statute of limitations for personal injury claims, making it crucial to act quickly.
According to the National Transportation Safety Board (NTSB), over 1,000 aviation accidents occur annually in the U.S., with mechanical failures and pilot errors being the leading causes. The NTSB investigates these incidents to improve safety standards and prevent future accidents, but victims still need legal representation to secure compensation.
Frequently Asked Questions About Aviation Accident Claims
1. Who Can File an Aviation Accident Lawsuit?
Victims of aviation accidents, including passengers, crew members, and families of deceased victims, can file claims against responsible parties.
2. How Long Do I Have to File a Claim?
In Illinois, the statute of limitations for personal injury claims is two years from the date of the accident. Wrongful death claims must also be filed within two years.
3. Can I Sue an Airline for an Accident?
Yes, if the airline’s negligence contributed to the accident, you may have grounds to file a lawsuit.
4. What Damages Can I Recover?
Victims can seek compensation for medical bills, lost wages, pain and suffering, funeral expenses, and loss of companionship.
5. Do Aviation Accident Cases Go to Trial?
Many cases settle out of court, but if a fair settlement isn’t offered, your attorney may recommend taking the case to trial.
6. How Can an Attorney Help With My Case?
An aviation accident attorney will gather evidence, negotiate with insurers, identify liable parties, and take legal action if necessary to maximize compensation.
Turn to Alberts Curran & Eiler P.C.
Recovering from an aviation accident is a long and challenging process, but having a skilled attorney by your side can make a significant difference. From dealing with insurers to investigating liability, legal professionals work to get victims the justice and financial relief they need.
If you’ve been affected by an aviation accident, work with an experienced aviation accident attorney from our firm, Alberts Curran & Eiler P.C., by calling us today.