Plane Crash Lawsuits Require Many Complex Decisions

Seattle, WALosing a loved one or being seriously injured in a plane crash is a very traumatic experience. In the blink of an eye, a person's life can change forever. If the plane crash was caused by a person or organization's actions, it is reasonable to file a [lawsuit] against the responsible party.

However, filing lawsuits in plane crashes can be tricky and they involve a lot of important decisions. In fact, plane crash lawsuits can be more difficult than other lawsuits because there are so many factors involved, including regulatory agencies and laws governing the airline involved, parties involved in manufacturing and operating the plane and possible causes of the plane crash.

There are different laws that govern airline travel from state to state, federally and internationally. For example, say you live in Seattle, but are involved in a plane crash that occurs in Asia on a budget Asian airliner--where do you file the lawsuit? Liability changes depending on whether a flight was domestic or international. Domestic airlines (and buses and trains) are governed by federal and state regulations. International flights (or domestic portions of international flights) are governed by the Warsaw Convention and the Montreal Convention, neither of which require proof of negligence to recover damages. Unfortunately, both agreements limit the liability per passenger unless "willful misconduct" on the airline's part can be proven.

Furthermore, decisions must be made about where to file the lawsuit. If many people were on board the plane, should everyone join together in a class action lawsuit or should each suit be filed individually? How should the evidence be preserved, if it can at all?

The Montreal Convention restricts where an airline can be sued; however, the victim's travel itinerary could play an important part in making this decision. All travel documents should be preserved in international plane crashes as they could become vital to a lawsuit.

Other decisions include determining who exactly should be sued. Many people and organizations are involved in getting planes off the ground, from aircraft manufacturers to owners to airplane operators to component part manufacturers to airline staff to control tower staff. Not all of these groups or individuals may be responsible for the plane crash, so it is important to ensure that the proper party (or parties) is sued. It is also important to understand who can be held liable for negligence. In some cases the owner of a plane can be held liable if a mechanic or pilot was negligent resulting in the plane crash.

As with other lawsuits, there is a statute of limitations that sets deadlines for when lawsuits must be filed. The statute varies depending on where the plane crash occurred. Under the Montreal Convention, the statute of limitations for some international flights is two years from the date of the accident. However, because so many laws govern airline travel, it can be difficult to determine which deadline applies in each plane crash. Another factor that can change the deadline is whether or not the government is being sued in a plane crash. Because governments provide air traffic control services and operate some airports, they may be sued for negligence in some plane crashes. Governments often have their own deadlines for lawsuits to be filed, sometimes as short a year or even less, following an accident.

Airplane crashes are often very complex incidents that involve many different regulations and multiple parties. Even domestic plane crashes require investigations and many important questions must be answered in order to properly file a lawsuit. A lawyer experienced in aviation lawsuits may be best equipped to help make vital decisions regarding filing a lawsuit.