national aviation law

Aviation law is unlike most other types of accident and injury cases. These cases may involve commercial airplanes, cargo airplanes, private airplanes, private and charter helicopters and all other aircrafts.

The expertise and knowledge required to litigate a complex aviation crash case requires a thorough understanding and mastery of the rules as put forth by the Federal Aviation Administration (FAA), the National Transportations Safety Board (NTSB), forum shopping, choice of law, federal preemption, international treaties, International Civil Aviation Organization and other applicable statues and bodies of law.

It is necessary for a law firm that practices in aviation law, to be in-tune with the necessary procedures when handling an aviation accident case. Often times, the financial commitment of the plaintiff’s law firm must be profound enough to counter the defense’s deep pockets. Expert witnesses, various accident recreation and the various demonstrative evidence all requires the total commitment of the law firm who will be representing your case.

The key component of any aviation crash investigation is to determine the cause or causes of the crash itself. Was it maintenance, pilot error or was it a manufacturing defect in the plane itself? Product liability laws are not preempted by Federal law and in certain instances, a manufacturer of a plane or helicopter may be strictly liable for defects present in their aircraft.

Who Can Bring a Lawsuit

Aviation crashes often result in catastrophic loses. There is nothing more tragic then the unexpected loss of a loved one. Lawsuits following a catastrophic plane crash or other aircraft crash are typically brought by the surviving spouse or children, beneficiaries or dependents of the deceased.

The estate of the deceased shall be represented by counsel who will often determine the merits of jurisdiction, theories of liability, hard proof and evidence which will be presented to a jury and then determine the probate requirements for distribution and allocation of the assets.

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