Flying on a plane is considered one of the safest modes of transportation. But as rare as they are, accidents can still happen and the consequences can be catastrophic. The loss of lives, the damage to property, and the emotional toll on loved ones can be overwhelming.
Therefore, as an aviation enthusiast or someone who frequently travels by air, it’s important for you to understand how to navigate the legal process of filing for aviation accident claims, and how to protect your rights as a victim or family member.
In this article, we’ll delve into the different aspects of aviation accident claims, including what to do after an accident, and how aviation accident attorneys can help you get the compensation you deserve.
Understanding Aviation Accidents and Their Causes
Partnering with an experienced and reputable aviation accident attorney is crucial when it comes to determining liability and seeking compensation.
Pilot error is one of the most common causes of aviation accidents. This can include mistakes made by the pilot, such as misjudging the weather conditions or failing to follow proper procedures. Mechanical failure can also be a significant factor in aviation accidents. This can include problems with the plane’s engines, landing gear, or other mechanical components.
Another factor that can contribute to aviation accidents is design defects that make an aircraft more prone to accidents. Finally, weather conditions can also play a role in aviation accidents. This can include turbulence, icing, and other weather-related hazards.
An Overview of the Montreal Convention
The Montreal Convention applies to all international flights and provides a framework for determining liability in the event of an aviation accident and has been ratified by more than 130 countries around the world.
Under the convention, airlines are strictly liable for damages caused by an accident that occurs during an international flight. This means that the airline is responsible for compensating victims and their families for damages, regardless of whether the airline was at fault for the accident.
The limit of liability under the Montreal Convention is currently set at 128,821 special drawing rights (SDRs) per passenger. This amount is equivalent to approximately $173,000 USD. However, it’s important to note that this is the maximum limit of liability, and airlines may be liable for additional damages if they are found to be at fault for the accident.
In addition to outlining the liability of airlines, the Montreal Convention also establishes the jurisdiction in which aviation accident claims can be filed.
Under the treaty, claims can be filed in the jurisdiction where the airline is based, where the passenger’s journey began, where the passenger’s destination was located, or where the airline has a place of business through which the ticket was purchased.
Legal Process for Aviation Accident Claims
The first thing you should do if you or a loved one has been injured in an aviation accident is to get medical help for any wounds you may have received.
Even if you don’t think you’ve been injured, it’s important to have a medical professional examine you to ensure that there are no underlying injuries that could cause problems down the line.
Once you’ve received medical attention, it’s important to get in touch with aviation accident attorneys who can advise you on the best course of action to take based on the specific circumstances of your case.
They can help you navigate the legal process and ensure that your rights are protected. This can include filing claims with the airline or other responsible parties, negotiating settlements, and representing victims and their families in court.
The legal process of aviation accident claims can be complicated and overwhelming, but with the right lawyer on your side, you can ensure that your rights are protected and that you receive the compensation you deserve.
Keep in mind that aviation accidents can be traumatic events. So, it’s important to work with aviation accident attorneys who will be sensitive to your needs and provide you with the support you need during this difficult time.