Although the actual number of crashes is relatively low every year, according to the National Transportation Safety Board, you deserve compensation if you or a loved one is injured or killed in a crash. Wagner, McLaughlin & Whittemore are ready to help you build a case to fight for the damages you deserve.
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Many studies have demonstrated that passengers in airplanes are often more safe than they would be in their own kitchens. Still, while serious in-flight injuries from airplane mishaps are rare, they do occur. An aviation accident lawyer can help injured passengers pursue legal claims against the airline, its employees, aircraft and component manufacturers, or even the Federal Aviation Administration (FAA). Here is a look at a few common in-flight accidents and some general information about what legal claims are available if you have been injured while on an airplane.
Many in-flight injuries are caused by loose items, such as luggage falling out of overhead bins or food carts rolling down the aisles. Some passengers suffer injuries from falling or bumping into objects as they move through the cabin. Turbulence also causes a number of in-flight accidents, especially when passengers are standing or walking as the pilot has allowed.
Airplane injury claims are grouped according to what or who caused the accident.
If the accident was caused by the carelessness or inattention of an airline employee—such as a pilot, flight attendant, maintenance worker, or ground crew member—then standard negligence requirements usually apply. Generally, for negligence claims, an aviation accident lawyer must show that reasonable care was required of but not performed by the defendant.
Entities that transport the public for a fee, such as airlines, fall under a legal category called “common carriers.” The law imposes specific and heightened duties of care on common carriers. In Florida, a skilled aviation accident lawyer will argue that the reasonable care required of a common carrier is the “highest degree of care” consistent with the type of transportation. All of the airline employees owe a heightened duty of care to protect passengers from potential harm as they board the plane, travel on the aircraft, and disembark from the plane.
In some cases, the aircraft or a part of the aircraft is responsible for an injury, making your accident a product liability claim. Even if the airline employees were acting with necessary care, injuries from a defective aircraft or equipment can befall a passenger. For example, if a design defect causes an overhead bin to become unlatched during flight and the passenger below is injured by falling luggage, they may have a claim against the overhead bin manufacturer. However, if an airline employee knew of the problem and failed to take steps to have the faulty part repaired or replaced, the airline may also be responsible.
Accidents involving airplanes, whether they be commercial, passenger, or private, can be very costly. Even if your accident happened while the plane was grounded, you could come away with serious injuries. These accidents are unique, so everyone’s experience can be different.
However, under Florida’s personal injury laws, you can seek compensation for economic and non-economic damages. Economic damages are expenses in your everyday life that have receipts or out-of-pocket costs. That means your medical bills, lost wages, future bills, lost earning capacity, or property damage connected to your accident could be eligible in a personal injury claim.
Non-economic damages are a little more nebulous. These costs are the damages connected to your economic losses that have made you suffer. It’s harder to put a price tag on these losses. They include pain and suffering, emotional distress, PTSD, disfigurement, scarring, diminished quality of life, and a loss of companionship.
In some cases, you could be able to pursue a wrongful death claim if you’ve lost a loved one in a crash. An aviation accident lawyer from WMW can explain your options in greater detail.
If you or a loved one has been injured on an airplane, then you should seek an experienced attorney to help you determine if you have a claim against the airline or its affiliates.
The Tampa personal injury lawyers of Wagner, McLaughlin & Whittemore fight aggressively to protect the rights of the injured every day.
Click here or call us today at (813) 225-4000 to schedule a consultation with a knowledgeable Florida personal injury lawyer from Wagner, McLaughlin & Whittemore.
Although we’re based in Tampa, our reputation for succeeding in complex cases leads us to practice statewide, serving cities including:
