Although an airplane crash is the first thing that comes to mind when discussing personal injury or wrongful death as the result of an aviation accident, most airplane accidents actually occur in stable aeronautical vehicles. The most common cause for injury on an airplane is luggage falling out of overhead bins. Other incidents include food cart injuries, on-board assault or harassment, food poisoning and seat defects.
If you have been injured as the result of an airplane accident, you may be able to make a case against the airline. The first step is to determine liability. It is up to you and your airplane accident lawyer to demonstrate beyond a reasonable doubt that the airline or its employees demonstrated negligence which led to your personal injury. Negligence may either be an unsafe action or failure to act (omission). It must also be determined that your injury was preventable if that negligence had not occurred.
Filing an airplane accident claim is not dissimilar to a vehicle accident claim, but it isn’t exactly the same. Because airplanes are potentially international vehicles, the perimeters for filing a lawsuit may vary. In foreign airplane accidents, it is not always necessary to prove negligence. In domestic travel, lawyers are most likely to work with airline insurers to reach a settlement outside of court. It is imperative that you and your attorney discuss a reasonable remunerative value in advance so that you can settle your case in a timely manner. Furthermore, due to the understood and provable aspects of height and air travel anxiety, emotional or mental distress may be a valid claim in airplane travel, whereas is it not always an acceptable factor in vehicle accident cases.
Because of these variances from typical vehicle accident personal injury cases, it is recommended that you enlist the aid of a dedicated airplane accident attorney at your earliest convenience after the injury or incident occurs. For a confidential and complimentary assessment of your case, please contact the Law Offices of Gross & Telisman. We will diligently pursue justice and seek financial retribution on your behalf.