Wrongful Death Claims After an Airplane Accident: What the Family Needs to Know

Mostly thanks to advancing technology, fatal airplane accidents are very rare. However, statistics don’t comfort people who lose friends or loved ones in fatal Las Vegas airplane accidents. Quite understandably, most families aren’t focused on legal actions in these situations. Most families would rather move on as quickly as possible. But the fact is that a wrongful death creates a financial void, and legal action fills this void.

A wrongful death lawyer in Los Angeles not only fills the financial void a wrongful death creates. Legal action also forces negligent parties to put people before profits. So, legal action reduces the possibility of future fatal airplane accidents. Wrongful death actions in California are specifically designed to hold responsible parties accountable and provide compensation for the loss of a loved one.

What is a Wrongful Death Claim?

Usually, surviving family members or legal beneficiaries bring wrongful death claims to call out other parties for their wrongful or negligent actions or omissions. These actions or omissions often involve:

• Aircraft Design or Manufacturing Defects: If a crash was caused by defective design or malfunctioning parts, manufacturers, engineers, and designers could be held liable for damages. Product liability claims are common if a plane’s structural components, engines, or other critical systems failed during flight.
• Maintenance Negligence: Aircraft maintenance is crucial for ensuring flight safety. If a failure to properly maintain the aircraft, such as poor inspection, improper repair, or failure to address known issues, causes a crash, the company or individuals responsible for maintaining the airplane are legally accountable.
• Air Traffic Control Failure: Somewhat similarly, if mistakes or failures by air traffic controllers (such as miscommunications or improper flight instructions) cause airplane accidents, they or the agency they work for may be held liable.
• Pilot Error or Negligence: Pilots are usually negligent when they make mistakes, fail to follow proper procedures, or operate planes under unsafe conditions. As commercial operators, pilots have very little margin for error. Common examples include failure to follow pre-flight safety checks, flying under impaired conditions (e.g. under the influence of alcohol or drugs), or inadequate response to mechanical failures.

Weather or other environmental factors often contribute to Las Vegas airplane accidents. But except in extreme cases, like bird strikes, these factors do not substantially cause fatal airplane accidents.

Filing a Wrongful Death Claim After an Airplane Accident in California

Before s/he files legal paperwork, a Los Angeles personal injury lawyer must thoroughly investigate the matter, to determine the likely cause of the crash and thereby identify the parties responsible. Legal teams review cockpit voice and flight data recorders, interview witnesses, and analyze other physical evidence, such as black box data or maintenance records.

In many cases, the National Transportation Safety Board (NTSB) investigates and issues findings that can help support a wrongful death claim. However, NTSB investigators are often reluctant to point fingers.

Just as critically, the lawsuit must name the appropriate parties responsible for the accident. Potential defendants could include the airline, aircraft manufacturer, maintenance companies, and even individual pilots. In some cases, government entities like the Federal Aviation Administration (FAA) may also be involved.

Significantly, in California, the statute of limitations for wrongful death claims is generally two years from the date of the decedent’s death, which may be different from the date of the Las Vegas airplane accident. However, this timeframe can be subject to exceptions or extensions depending on the circumstances, such as the involvement of government agencies or discovery of new evidence.

To win a wrongful death lawsuit, the plaintiff must prove that, more likely than not, the defendant’s negligence or wrongful act directly caused the decedent’s death. Lawyers often partner with aviation experts, accident investigators, and medical professionals to lay out how the accident occurred and how it resulted in the fatality.

Most wrongful death cases settle before trial. However, if a fair settlement cannot be reached, the case may proceed to court. In court, the plaintiffs present their evidence, and a judge or jury determines liability and the appropriate amount of damages.

Types of Compensation Available

California wrongful death plaintiffs are usually entitled to pecuniary losses. This category of damages includes:

• Funeral and burial expenses,
• Lost future financial support,
• Decedent’s final medical bills,
• Loss of consortium (companionship), and
• Decedent’s pain and suffering.

In extreme cases, if the defendant’s actions were particularly egregious or grossly negligent, punitive damages are available. These damages are designed to punish the wrongdoer and deter similar behavior in the future.

Contact a CA wrongful death attorney today!

Fatal Las Vegas airplane accidents almost literally rip families apart. For a free consultation with an experienced personal injury lawyer, contact the Law Offices of Eslamboly Hakim. We do not charge upfront legal fees in these matters.