If you were injured or if a loved one died in a crash involving a plane, helicopter, or hot air balloon, contact a Kissimmee aviation accident lawyer at The Florida Firm. Our attorneys have years of successful practice in complex personal injury litigation.
Local attorneys and other professionals use our firm when they are injured and recommend us to their family, friends, and clients. At Colling Gilbert Wright, we are well-known for our professionalism, care for our clients, and record of success.
What Types of Claims Could Arise From an Aircraft Accident?
Aviation accident claims are complicated for several reasons. There may be multiple injured people or surviving family members filing claims. Competing lawsuits can diminish the pool of funds available, so an attorney pursuing a claim must be strategic to ensure their client receives an appropriate level of compensation.
Depending on the circumstances of your accident, you could file a lawsuit in state or federal court. In many cases, there are potentially several legal grounds for a lawsuit that a Kissimmee attorney could investigate after an aircraft crash.
If your lawsuit is successful, you will receive compensation, known as damages. In most injury cases, damages include compensation for out-of-pocket losses, such as medical costs and reduced income, and money to acknowledge your pain and suffering. In rare cases, Florida Statutes § 768.72 may entitle you to punitive damages, which is additional money awarded to you to punish the defendant for outrageously reckless conduct.
Negligence
Aviation accident lawsuits often assert that someone’s negligence caused the incident. In this context, negligence refers to failing to exercise reasonable care to prevent harm to others. Common examples of negligence in aviation include:
- A helicopter pilot flying in bad weather
- A skydiving company using worn parachutes
- A commercial airline deferring maintenance on a jet
- A flight school allowing an untrained pilot to execute complex operations
- An air traffic controller using ambiguous language that a pilot misinterprets
Employers are typically liable for the negligence of their workers, so if someone acted negligently during the course of their employment, the employer would be liable as well.
Product Liability
A defective aircraft component or item of safety equipment could lead to an accident, injuries, and fatalities. In such cases, the manufacturer of the item or component could be liable.
The law imposes strict liability on manufacturers for distributing defective products. A product is defective if its design is unsafe, if there was an error in the manufacturing process, or if the manufacturer did not provide proper usage instructions or safety warnings.
Wrongful Death
When a loved one dies in an aircraft crash, you may be able to file a wrongful death claim. You must prove that the actions of the responsible parties contributed to the fatality. If you can show that the defendants were negligent or reckless, you can collect compensation, including the financial contributions the deceased would have made to your family over the course of their expected lifespan.
Proving Liability for an Aircraft Collision Requires a Thorough Investigation
The National Transportation Safety Board (NTSB) conducts official investigations of aircraft incidents in the U.S. The Kissimmee lawyers at The Florida Firm could scrutinize the NTSB report to find indicators of culpability for your aviation accident.
We could also conduct an independent investigation of the incident. Depending on the circumstances, we could subpoena evidence such as flight plans, a pilot’s training and personnel file, an aircraft’s maintenance record, and similar information to help us build your case and identify liable parties.
Are Liability Waivers Enforceable?
Skydiving companies, hot air balloon operators, and sightseeing helicopter businesses typically ask their customers to sign liability waivers. Courts will uphold these waivers if they meet strict legal requirements. However, many waivers are unenforceable because of problems in the wording, format, or the way they were executed.
If you signed a liability waiver and then were hurt in an aircraft accident, do not assume you cannot sue. The best strategy is to ask a legal professional at The Florida Firm to review the waiver and explain your legal options.
Consult a Kissimmee Attorney About Legal Action After an Aircraft Crash
Accidents involving aircraft can cause catastrophic injuries and death. The parties whose conduct caused the incident must take responsibility for the harm they caused. A Kissimmee aviation accident lawyer from Colling Gilbert Wright could ensure you have the care and support you need and fight to get you fair compensation. Our lawyers have an impressive record of obtaining multimillion-dollar verdicts and settlements in complex injury cases. Contact our team at The Florida Firm today to get started.