Assessing Responsibility After An Aviation Accident

in Accident
The aviation accident statistics available from the National Transportation Safety Board (NTSB) reveal that private carrier accidents are more frequent than commercial ones. What exactly are private aviation accidents? These are mishaps involving private aircrafts, corporate aircrafts, gliders and such others.

If you, or a loved one, are a victim of such an incident, the first thing to do is seek proper medical treatment. The point one often misses out at such a traumatic time is to get legal aid as well. It is quite common at such times of distress and confusion.

Why do you need an aviation attorney? The aim is to secure your as well as your survivors present and future financial condition. Many have no idea how these two are interconnected. The injuries incurred in an aviation accident are, in most cases, of a serious nature. In such a situation, the medical costs can be huge. Moreover, if the victim has dependants, the accident jeopardizes their financial state as well.

The responsible party needs to provide damage recovery for the accident. You need to file a lawsuit for this. The question is how do you know whom to sue? A private aviation accident may be the result of negligence on the part of different parties, including the pilot, the owner/operator, the manufacturer, the mechanic, et al.

The question remains who to sue? Without adequate investigation of the accident, it is impossible to assess responsibility. You need the help of aviation attorneys to employ a team of investigators, forensic experts, re-constructionists, analysts and staff to determine the cause of the accident and the party at fault.

(Note: It is a good idea to appoint an attorney working in your state, as he/she would know whether your state laws adhere to rules like joint and several liabilities, comparative and contributory negligence, and the like.)

Apart from initiating investigation and accumulating evidence, your aviation attorney has other tasks too. He/she requires assessing damage and calculating the compensation amount. Keep in mind that this is a civil lawsuit, and your aim is to get adequate compensation for the damages, not penalizing the at fault party.

In a private aviation accident case, the victim can sue for damages like medical costs (past, present and future), lost work benefits, expenses incurred for things like domestic help, childcare, etc. Punitive damages, i.e. pain and suffering, are also part of the claim. After the investigation and assessment, your attorney can start negotiating the compensation settlement with the responsible party, or with their insurance adjuster.

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James Blatt has 1 articles online

James Blatt, a contributor to legal journals, offers helpful tips on the right approach to legal issues, like private aviation accidents. If you are looking for consultation with competent Aviation Attorneys, she suggests you to visit

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Assessing Responsibility After An Aviation Accident

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This article was published on 2010/11/11