Yes, if a loved one lost their life in an aviation accident, you can still pursue a claim for compensation. Aviation accidents resulting in fatalities are devastating, not only emotionally but also financially, for the surviving family members. The legal recourse for seeking compensation in such cases is through a wrongful death claim.

A wrongful death claim allows the surviving family members, such as spouses, children, or dependents, to seek compensation for the losses they have suffered due to the death of their loved one. While no amount of money can replace the loss of a loved one, a wrongful death claim can provide financial support to help the family cope with the financial burdens that arise after such a tragic event.

Here are some key points to consider regarding wrongful death claims in aviation accidents:

1. Who Can File a Wrongful Death Claim? Each state has specific laws regarding who is eligible to file a wrongful death claim. In California, eligible parties typically include the surviving spouse, children, and other dependents or beneficiaries. If there is no surviving spouse, children, or dependents, the claim may be brought by the deceased person’s parents or siblings.
2. What Damages Can Be Claimed? Damages in a wrongful death claim may include economic and non-economic losses. Economic damages can include funeral and burial expenses, medical bills related to the final injury or illness, and loss of financial support or benefits provided by the deceased. Non-economic damages may cover emotional distress, loss of companionship, guidance, and emotional support.
3. Statute of Limitations: Like all legal claims, wrongful death claims have a statute of limitations, which sets a time limit within which the claim must be filed. In California, the statute of limitations for wrongful death claims is generally two years from the date of the deceased person’s death. It’s essential to consult with an attorney promptly to ensure your claim is filed within the specified timeframe.
4. Burden of Proof: Wrongful death claims require establishing negligence or wrongful conduct on the part of the responsible party. This may involve proving that the aviation accident was caused by someone else’s negligence, such as the pilot, airline, or aircraft manufacturer.
5. The Role of an Attorney: Pursuing a wrongful death claim in an aviation accident is a complex legal process. It involves investigation, gathering evidence, navigating aviation regulations, and negotiating with insurance companies. Having an experienced aviation accident attorney is crucial to ensure your rights are protected, and your claim is pursued effectively.

Dealing with the loss of a loved one is emotionally challenging, and the legal process may seem overwhelming. An attorney experienced in handling wrongful death claims resulting from aviation accidents can provide support and guidance during this difficult time and work diligently to pursue the compensation your family deserves.

Any aviation accident, regardless of crash severity, can result in injuries that range from minor to potentially fatal. Broken bones, severe brain injuries, and spinal cord damage could result from a more serious collision. Besides the physical trauma, severe injuries can make rehabilitation more challenging because recovery may be slow, and medical expenditures can quickly accumulate.

Medical Costs: Medical expenses for injuries caused by an aviation accident may be the focal point of the case. These costs are often fully or partially awarded to plaintiffs in a settlement.

Pain and suffering: You may be entitled to compensation for the pain and suffering resulting from an aviation accident. Pain and suffering may include emotional distress, mental anguish, loss of companionship, and other intangible effects.

Lost Wages: Injuries caused by an aviation accident may prevent you from working. If this occurs, you may be able to pursue your lost wages as part of your settlement.

Wrongful Death: If a loved one died in a plane or helicopter crash, surviving family members may be able to file a wrongful death claim against the responsible party or parties. The family may obtain compensation for damages relating to loss of consortium or inheritance.

The lawyers at Razavi Law Group are here for you. We work tirelessly to obtain details of your case, gather evidence, and secure compensation for you. However, you must not sign or accept any settlements from an insurance company or other responsible party before consulting an experienced aviation accident attorney. Speaking with an attorney is crucial when aviation accidents occur. Insurance companies are more concerned with protecting their bottom line than compensating you for your medical bills and trauma. The insurance company will try to pay the least amount possible or avoid paying out altogether. Accepting a settlement offer from an insurance company without consulting your attorney could result in low offers that do not fairly compensate you for damages you are entitled to, including future medical expenses, emotional trauma, or pain and suffering.

Yes, there is a time limit, known as the statute of limitations, for filing an aviation accident claim in California. The statute of limitations sets a strict time frame within which a lawsuit must be initiated after an accident occurs. If you fail to file your claim within this specified time period, you may lose your right to seek compensation for your injuries and losses resulting from the aviation accident.

The statute of limitations for personal injury claims in California, including aviation accidents, is generally two years from the date of the accident. This means you have two years from the date of the aviation accident to file a lawsuit seeking compensation for your injuries.

For wrongful death claims resulting from aviation accidents, the statute of limitations is also typically two years from the date of the victim’s death. If a loved one lost their life in an aviation accident, surviving family members have two years from the date of the victim’s death to file a wrongful death claim seeking compensation for their losses.

It’s crucial to understand and adhere to the statute of limitations for aviation accident claims in California. Failing to meet this deadline can significantly impact your ability to pursue a legal case and recover compensation for your damages. Once the statute of limitations expires, the court will likely dismiss the case, and you may be barred from seeking compensation through the legal system.

• Human error: Unruly passengers account for most injuries on commercial flights. Victims of injuries resulting from an airline’s failure to regulate passenger behavior may be eligible for compensation. The foundations of premises liability still apply to these types of cases.

• Pilot Error: Aircraft and helicopters are challenging to fly, so both leisure and professional pilots must complete training programs and log hundreds of hours in the air before receiving their pilot’s license. Despite training and experience, pilots can still make errors that result in accidents, just like vehicle operators. Over 60% of aircraft accidents are the result of pilot error.

• Mechanical Failure: 20% of all aviation accidents are due to mechanical failure. Different failure types can include engine, electrical system, and/or design errors.

• Weather: Although helicopters and airplanes can fly in terrible weather, extremely bad weather can increase the risk of accidents and make flying more dangerous. Unexpected storms or other weather conditions can catch pilots off guard and unprepared.

Bird strikes, intense turbulence, poor sight, and miscommunication with ground control are other reasons an accident could occur.

The following may accept full or partial responsibility for your losses:

• Commercial airline
• The pilot of the commercial aircraft
• Owner/operator of a private aircraft
• Manufacturer of the airplane or helicopter
• Manufacturer of parts for the airplane or helicopter
• The federal government, including the Federal Aviation Administration

Yes, you can file a claim for an aviation accident in California even if the responsible party, such as the airline, aircraft manufacturer, or maintenance provider, is based in another state or country. Aviation accidents often involve multiple parties from various jurisdictions, including pilots, airlines, manufacturers, and maintenance companies operating across state and national borders.

When an aviation accident occurs, it may trigger legal actions in multiple jurisdictions, depending on where the accident happened, where the responsible parties are based, and where the victims reside. This can result in complex legal issues, and determining the appropriate jurisdiction for filing the claim becomes crucial.

Working with an experienced aviation accident attorney is essential in such cases. They have the knowledge and expertise to navigate the complexities of multi-jurisdictional claims and international aviation laws. Your attorney will understand the laws applicable to your case, identify the responsible parties, and file the claim in the appropriate jurisdiction to maximize your chances of obtaining fair compensation.

The timeline for resolving an aviation accident claim can vary significantly and depends on several factors. Each aviation accident case is unique, and the complexity of the investigation, the number of parties involved, the extent of injuries and damages, the cooperation of the involved parties, and the willingness to negotiate all play a role in determining the duration of the case. Here are some key factors that can influence the time it takes to resolve an aviation accident claim:

1. Investigation and Gathering Evidence: Aviation accidents often require extensive investigation and collaboration with experts, including accident reconstruction specialists and aviation engineers. Gathering critical evidence, analyzing flight data, maintenance records, and other documentation can be time-consuming.
2. Liability Determination: Establishing liability in an aviation accident can be complex, especially when multiple parties may share responsibility. Identifying all responsible parties and apportioning liability accurately may take time.
3. Cooperation of Parties: The willingness of involved parties to cooperate can significantly impact the timeline. If parties are cooperative and willing to negotiate, the case may resolve more quickly. However, if parties are uncooperative or deny liability, the process may be prolonged.
4. Insurance Negotiations: Negotiations with insurance companies can be lengthy, particularly if there is disagreement over the extent of liability or the value of the claim.
5. Settlement Discussions: Many aviation accident cases are settled out of court through negotiations. The process of reaching a fair settlement may require several rounds of discussions and counteroffers.
6. Pretrial Procedures: If the case cannot be settled through negotiations, pretrial procedures, such as discovery, may be necessary. This involves exchanging information and evidence between the parties involved, which can extend the timeline.
7. Trial Preparation: If the case proceeds to trial, the preparation phase can be time-consuming. Both sides must prepare their arguments, evidence, and witnesses for presentation in court.
8. Court Schedule: Court dockets and availability of judges can impact the trial date. Some courts may have busy schedules, leading to delays in setting a trial date.

Aviation accidents involve unique legal complexities, technical aspects, and industry-specific regulations. Hiring an attorney with experience in aviation accident cases offers several critical advantages:

1. In-Depth Knowledge: Aviation accident attorneys have a comprehensive understanding of aviation laws, regulations, and standards set forth by the FAA, NTSB, and international aviation authorities.
2. Investigation Expertise: Aviation accident cases often require extensive investigation and collaboration with aviation experts. Experienced attorneys know how to collect, analyze, and preserve critical evidence to determine the cause of the accident.
3. Identifying Liability: Aviation accidents may involve multiple parties, each potentially contributing to the accident’s cause. Skilled attorneys can identify all liable parties and build a strong case for compensation.
4. Navigating Complex Jurisdictions: Aviation accidents may involve parties from different states or countries. Attorneys experienced in multi-jurisdictional cases can handle the legal complexities and ensure the claim is filed in the appropriate venue.
5. Negotiation and Litigation: Aviation accident attorneys are adept at negotiating with insurance companies to pursue fair settlements. If a satisfactory agreement cannot be reached, they are prepared to litigate the case effectively in court.
6. Maximizing Compensation: Experienced attorneys understand the full scope of damages available in aviation accident cases and can fight for maximum compensation to address the victims’ physical, emotional, and financial losses.
7. Support and Guidance: Aviation accidents can be emotionally overwhelming for victims and their families. A compassionate attorney with experience in aviation accident cases can provide support and guidance throughout the legal process.

Hiring an aviation accident attorney with a proven track record in handling such cases is essential to protect your rights, obtain fair compensation, and seek justice for the victims and their families.