Aviation Accident Attorney
Criminal Law

Who Is An Aviation Accident Attorney? Do You Need One?

| December 4, 2023

We are familiar with the Boeing 737 MAX passenger airline crash that resulted in a global grounding back in 2019-2020, right? This action was taken after two tragic crashes took place. Lion Air Flight 610 (2018) and Ethiopian Airlines Flight 302 (2019), these two airline accidents claimed more than 300 lives. 

As a result, multiple lawsuits were filed, and finally, Boeing reached a settlement of $237.5 million. This was done to make up for the 737 MAX issues. Additionally, the airline company also agreed to pay $200 million to the United States Securities and Exchange Commission for making misleading statements after the airline crashed.

You also must have surely heard of the fatal helicopter crash in which Basketball legend Kobe Bryant passed away. In 2020, his wife, Vanessa Bryant, filed a wrongful death lawsuit against Island Express, the helicopter company that owned the helicopter that carried Kobe while the crash took place.

In aviation accidents, victims and their families face extreme challenges. It is a very difficult time for them all, emotionally and financially. Amidst all the hardships that the victims and their families have to endure, an aviation accident attorney will get them their rightful compensation.

Who Is An Aviation Accident Attorney?

Who Is An Aviation Accident Attorney

An aviation accident attorney is a legal expert who represents the interests of aviation accident victims and their families. 

  • They seek justice by holding responsible parties accountable.
  • When an aviation accident occurs, multiple parties get involved. There are investigators, insurance companies, and even government agencies get involved. 
  • For the affected parties, all these aspects of aviation law can be overwhelming and intimidating. This is where aviation accident attorneys step in, offering their expertise and guidance.
  • These attorneys have in-depth knowledge of aviation regulations, federal laws, and international treaties that govern air travel. 
  • They use this knowledge to assess the circumstances surrounding the accident, identify liable parties, and build strong cases on behalf of their clients.

Legally, Who Are Aviation Accident Attorneys?

The legal definition of an aviation accident lawyer/attorney  is a lawyer with expertise in aviation law who represents individuals, families, or organizations affected by aviation accidents. They can practice a wide range of subjects like

a.      commercial airline accidents,

b.      private plane crashes,

c.      helicopter incidents, and

d.      even accidents involving aviation-related industries.

What Are Their Qualifications?

To be an attorney specializing in aviation accidents, they need specific qualifications:

  • Education

They must complete a special law degree (Juris Doctor) from an approved U.S. law school.

  • Bar Admission

They must pass a state’s bar exam to be allowed to practice law in that state.

  • Experience

These attorneys have lots of experience with personal injury law, handling complicated cases, and knowing about insurance laws and settlements.

  • Aviation Law Expertise

They know all about aviation rules, international aviation agreements, and who is responsible when accidents involve airlines or aircraft manufacturers.

  • Knowledge of Aircraft Operations

Understanding how planes work and are maintained helps them investigate accidents better.

  • Investigative Skills

They are good at investigating accidents, going through reports and evidence, and consulting aviation experts.

  • Communication and Advocacy Skills

They are good at talking and arguing on behalf of their clients in court, in negotiations, and with insurance companies.

  • Past Success

It’s best to find an attorney who has successfully handled aviation accident cases before and achieved good results for their clients.

Aviation Accident Insurance Claims

Aviation Accident Insurance Claims

An aviation accident lawyer can help you get an insurance claim by:

1. Reviewing your case

They will look at your situation and the details of the aviation accident to understand what happened and who may be responsible.

2. Dealing with insurance companies

They will communicate with the insurance company on your behalf, ensuring all necessary paperwork is submitted correctly and on time.

3. Negotiating for you

They will use their legal expertise to negotiate with the insurance company to get you the best possible compensation for your losses.

4. Protecting your rights

The attorney will ensure that your rights are protected throughout the claims process and that you receive fair treatment from the insurance company.

5. Representing you in court

If needed, they can take your case to court and present your claim before a judge and jury.

Overall, an aviation accident attorney works to ensure that you receive the compensation you deserve from the insurance company after an aviation accident.

How Does An Aviation Accident Attorney Get Paid?

How Does An Aviation Accident Attorney Get Paid

The fees and payment structure for aviation accident lawyers can vary depending on several factors, including the attorney’s experience, the complexity of the case, the jurisdiction where the case is being handled, and the specific terms agreed upon between the attorney and the client. 

Here are some common ways aviation accident attorneys may get paid:

Contingency Fee

In many personal injury cases, including aviation accidents, attorneys often work on a contingency fee basis. This means that the attorney’s fee is contingent on the successful outcome of the case. 

If the attorney is successful in obtaining a settlement or favorable verdict, they will receive a percentage (typically around 30% to 40%) of the total amount recovered as their fee. If the case is not successful, the attorney may not receive a fee.

Hourly Fee

Some aviation accident attorneys may charge an hourly rate for their services. In this case, the client is billed for the time the attorney spends working on the case, including research, meetings, and court appearances. 

The hourly rate can vary depending on the attorney’s experience and reputation.

Flat Fee

In certain straightforward cases, an aviation accident attorney may charge a flat fee for their services. 

This is a fixed amount agreed upon between the attorney and the client for handling the case from start to finish.

Retainer Fee

Some attorneys may require a retainer fee upfront. This is an advance payment that the client makes to secure the attorney’s services. 

The attorney will then bill against this retainer as they work on the case.

How To Get A Good Aviation Accident Attorney?

How To Get A Good Aviation Accident Attorney?

To find a perfect aviation accident attorney to handle your case effectively.

Research Online

Start by searching online for aviation accident attorneys in your area. Look for law firms or individual attorneys with experience in aviation law and personal injury cases.

Check Experience

Review the attorney’s website or online profiles to gauge their experience. Look for the number of years they’ve practiced, their track record, and any past aviation accident cases they’ve handled.

Read Reviews

Look for client reviews and testimonials on their website or other review platforms to see what previous clients say about their services.

Seek Referrals

Ask friends, family, or colleagues for recommendations. Referrals from people you trust can be valuable in finding a reliable attorney.

Check Credentials

Verify the attorney’s qualifications, including their education, bar admissions, and any special certifications or affiliations related to aviation law.

Schedule Consultations

Arrange initial consultations with potential attorneys. Many offer free or low-cost consultations where you can discuss your case and assess their communication style and expertise.

Ask Relevant Questions

During the consultation, ask about their experience with aviation accidents, how they plan to handle your case, and their fee structure.

Evaluate Communication

Ensure the attorney communicates clearly and makes you feel comfortable. A good attorney should be attentive, responsive, and empathetic to your situation.

Consider Resources

Assess if the attorney has access to expert witnesses and resources that can strengthen your case.

Discuss Fees

Understand the attorney’s fee arrangement and any potential additional costs involved.

Gut Feeling

Trust your intuition and choose an attorney you feel confident in, both professionally and personally.

Take your time, do thorough research, and select an attorney who you can trust in your traumatic incident.

To Conclude

Thus, with this we come to an end to our article on Aviation Accident Attorneys. We would like to finish off by saying that trust your intuition and choose an attorney you feel confident in. Remember, this must be the case both professionally and personally.

Take your time, do thorough research, and select an attorney whom you can trust in your traumatic incident.

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Debkanya Bhattacharya
Debkanya Bhattacharya

Debkanya is a lawyer turned writer. With an experience of 3 years, she is your go-to source for all things law. She has a soft corner for the US and international section. When the weekend arrives, you'll find her reading up on politics, Austen, or travel blogs over a cup of coffee.

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