Wrongful Deaths from Plane Crashes: What You Need to Know

By Peter DePaolis
Attorney

Within the last week, two commercial planes crashed tragically killing innocent passengers, including 67 individuals involved in an American Airlines flight that collided with a U.S. Army helicopter. Air travel has a fatality risk of just 1 death per 7.9 million boardings, but accidents still happen. Victims and their families have a right to seek compensation. This guide provides an overview of who is entitled to relief and what they can expect while pursuing legal remedies.

How is Compensation Determined?

Aviation accidents have several legal and jurisdictional complexities. Compensation depends on a few factors:

  • At Fault Party: When a plane crashes, the accident may have been proximately caused by the negligent or careless conduct from multiple actors. If commercial airline pilots were at fault, victims’ families can pursue a wrongful death action against the airline. If Air Traffic Controllers were at fault,  victims can seek relief under the Federal Tort Claims Act. Manufacturers, distributors, and other entities may also be at-fault.
  • Location of Crash: Courts typically use the law of the jurisdiction in which an accident occurred. For air accidents, this can be challenging, especially when an accident like the one at Reagan National Airport occurred on a geographic boundary between Virginia and the District of Columbia. Each jurisdiction has different requirements for who can bring a claim and how much they can recover.
  • Relationship to Victim: Wrongful deaths leave behind many loved ones connected to victims in a variety of ways. Compensation depends on the nature of the relationship and considers factors such as financial dependence and loss of emotional companionship.

Who Can Receive Compensation?

Different jurisdictions define who is eligible for compensation. Generally, compensation is available to children, parents, and even grandchildren, brothers, or sisters, depending on the state and claim. Availability of relief depends on the type of claim:

  • Wrongful Death: In a wrongful death suit, damages may be available to replace lost earnings or other economic damages associated with the victim’s death. Some states may also offer loss of consortium damages to compensate for the loss of a victim’s companionship.
  • Survival Actions: If a suit can prove that a victim suffered in the moments before their death, loved ones may be eligible for compensation for damages arising from factors such as pain and suffering.

What Steps Should a Loved One Take?

It is important to act fast if your loved one has been the victim of a plane crash. You should contact an attorney as soon as possible. The support of an attorney will be crucial as evidence emerges. An attorney can review your case, analyze the facts, assess an accurate deadline by which you must file and take care of all claims paperwork on your family’s behalf. Hiring a personal injury attorney could help you avoid missing the statute of limitations through prompt and efficient claims filing.

If your loved one has been involved in a plane crash, the attorneys at Koonz, McKenney, Johnson and DePaolis are here to help you during this difficult time.

About the Author
Peter DePaolis joined the firm in 1980 and has since represented a large number of individuals involved in automobile collisions, truck accidents, bus crashes, defective products, and medical malpractice cases. A significant portion of Mr. DePaolis’ practice is devoted to working on behalf of people suffering from asbestosis, mesothelioma, and other asbestos-related cancers. He has led his firm’s fight against the asbestos industry and has recovered over $30 million in damages for asbestos victims and their families.