ST. AUGUSTINE AVIATION ACCIDENT ATTORNEY

The responsible parties in cases of injuries sustained in aviation accidents will vary, based upon how the accident occurred. Generally, one or the other or a combination of two different legal theories are in play in aviation accident claims: negligence and product liability.

Negligence is the failure to do something that a reasonable person would have done to protect others from harm under similar circumstances. Major airlines, pilots, and airline maintenance providers are subject to claims of negligence in aviation accident lawsuits.

Product liability refers to the legal responsibility manufacturers and sellers carry for defective products they put on the market. If it can be shown that mechanical problems with the aircraft or its component parts caused the accident, sellers and manufacturers may be held liable for the injuries and deaths that occurred. Liable parties in aviation accident injury claims may include:

Owners and operators: If the injured person can prove that carelessness or recklessness contributed to the accident, the owner of the aircraft may be held liable for the damages suffered. This may hold true even in cases in which the aircraft owner was not operating the aircraft at the time the accident occurred.

Common carriers: This category, which includes commercial airlines, is held to a higher standard than private carriers, as common carriers offer to carry public who were willing to purchase a flight.

As the FAA is the federal agency regulating air carriers, a thorough understanding of FAA regulations is needed to successfully bring a claim against a commercial airline or other common carriers.

• Manufacturers: If an aviation accident victim can prove that the accident and injuries were caused by a defect in the aircraft or one of its parts, the manufacturer can be held strictly liable. (Strict liability does not depend on negligence or intent to harm.)

The damages you may be entitled to recover after a serious aviation accident will depend on the extent of your injuries, the loss of a loved one, and the circumstances surrounding the accident. Damages may include:

• Lost wages
• Lost earning capacity
• Medical expenses, past and future
• Pain and suffering
• Emotional anguish
• Loss of consortium (companionship with a husband or wife)
• Punitive damages (designed to punish the defendant)
• Other financial damages associated with the accident

If you have been seriously injured or lost a loved one in an aviation accident, it is in your best interests to speak with an experienced aviation accident lawyer as soon as possible after the accident. You may be entitled to recover compensation for the losses suffered, which are often extensive.

Our St. Augustine personal injury lawyers at Morgan & Morgan are committed to aggressively pursuing maximum compensation for our clients. We can negotiate skillfully on your behalf for full and fair compensation. However, if a settlement cannot be reached, we are not afraid to go to trial to fight for the compensation you deserve. Contact us for a free case evaluation.