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Why Airplane Crash Victims Should Seek Legal Help Before Settling

June 17, 2019 By Lynn Fugaro

Woman Pointing out Problem with Aircraft

We’d like to think the main purpose of an insurance company is to protect us financially in a time of need: after a car accident, after a break-in at our home, after a flood destroys our property, when we need surgery, and when someone we love dies due to someone else’s negligence or wrongdoing.

The insurance companies, however, think of their purpose in a different way: to pay out as little money as possible in the event something bad happens to someone carrying their insurance. The goal of insurance companies is to always settle for as little as possible. That’s simply how insurance companies make money. They collect premiums from millions of people and pay out on claims on a small fraction of those people making the profit from the policyholders fortunate enough to never need to collect on their policy.

Aviation accidents work the same way. If you’re injured in a plane crash and are fortunate enough to live to tell about it, you may be entitled to collect compensation from the airline or its insurance company for medical bills. If you have lost a loved one in an aviation accident, the insurance companies of the airline and the insurance company of the deceased will negotiate what they think is a fair settlement for the loss of your loved one. It’s never enough, however because insurance companies have a bottom line to meet, and they don’t really care how devastated you are by the loss of your loved one. They don’t care what the funeral expenses are, and they certainly don’t care that your spouse was the “breadwinner” and now your family will not be able to pay the bills.

Hire an Aviation Accident Attorney to Fight For You

Having an experienced aviation accident attorney on your side will make a huge difference in how your case is settled. Plane crash lawsuits are complex and usually involve many different responsible parties. An attorney will know whom to go after and for how much. Every state has its own laws about what types of monetary damages are available to compensate those who have been harmed by the negligence of others in an airplane crash.

In most cases, an injured person may be compensated for past and future medical expenses, past and future lost earnings, past and future pain and suffering, past and future disability and any disfigurement that has resulted from the accident. In a wrongful death case, typically, the decedent’s estate may be compensated for the decedent’s loss of future earnings, medical expenses, funeral expenses, and pain and suffering, while the decedent’s next of kin may be compensated for the loss of their loved one.

Just as different states recognize different categories of damages, some states also have laws limiting the amount of money damages that can be recovered following an aviation accident. A qualified aviation attorney will be able to explain what types of damages may be recovered in your case, whether any damages caps apply and the best legal strategies to get the settlement you deserve.

One of the main reasons you should never settle an aviation accident claim on your own is that you may be dealing with government agencies in the event of a plane crash. The National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) are two government agencies that play a large role in the investigation of aviation accidents. The NTSB investigates the circumstances of the plane accident to determine the probable cause. The Federal Aviation Administration (FAA) is the federal agency responsible for regulating aviation and operating the air traffic control system. Whether violations of FAA regulations have occurred causing an air disaster is often a contentious issue in aviation litigation. Only an experienced aviation accident attorney will know how to deal with these government agencies after an air disaster.

It’s absolutely imperative that you trust the lawyer that will represent you in an aviation accident claim. You have the right to meet with as many personal injury attorneys as you like before making your choice. As soon as you’re physically and emotionally able to contact one in your area, please do so. There are strict statutes of limitation in aviation accidents as with all personal injury claims, so please don’t delay.

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Filed Under: Aviation Accident, Lawsuit, Plane Crash

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