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10 Myths About Aviation Accident Lawyers: Debunked and Explained
August 13, 2023

In the complex and intricate world of aviation law, a myriad of misconceptions abound, creating a web of confusion for those seeking legal help following an aviation accident. This article aims to cut through the misconceptions and provide clarity on some of the most persistent myths surrounding aviation accident lawyers.

  • Myth: Any Lawyer Can Handle an Aviation Accident Case

    Contrary to this popular belief, aviation accident cases require a specialized skill set that is distinct from traditional personal injury law. These cases often involve intricate federal regulations, international treaties, product liability issues, and more. Moreover, understanding the technical aspects of aviation, from aerodynamics to aircraft mechanics, is critical in these cases. Hence, having an aviation accident lawyer with comprehensive knowledge in these areas is essential.

  • Myth: The Airline Will Quickly Settle

    While it would be ideal if airlines swiftly came to a fair settlement, this is far from the common scenario. Airlines, and their insurance companies, have vast legal resources and frequently contest liability. They may use various strategies to minimize their payout, making it a daunting task for anyone not well-versed in aviation law to navigate.

  • Myth: The National Transportation Safety Board Determines Liability

    The NTSB is responsible for investigating aviation accidents and making safety recommendations; however, they do not establish legal liability. This task falls to the courts, which consider various factors such as the pilot's actions, maintenance records, air traffic control instructions, and more.

  • Myth: Aviation Accident Lawyers Are Too Expensive

    Many aviation accident lawyers work on a contingency fee basis. This means they only get paid if they are successful in obtaining compensation. The fee is typically a percentage of the compensation awarded. This arrangement allows victims to seek justice without worrying about upfront legal fees.

  • Myth: Air Traffic Control Is Always at Fault

    While air traffic control errors can contribute to aviation accidents, they are not always at fault. Other factors such as pilot error, mechanical malfunction, faulty maintenance, adverse weather conditions, and more can also be causes.

  • Myth: Small Plane Crashes Are Less Complex

    Small plane crashes can involve complicated liability issues such as product liability, maintenance, and pilot training. Often these cases can be more complex because there might be fewer resources available for investigation compared to commercial aviation accidents.

  • Myth: Only Passengers Can Receive Compensation

    Crew members, ground staff, and even bystanders can be eligible for compensation if they are injured due to an aviation accident. The Montreal Convention and other international aviation laws provide extensive protections for various parties involved in or affected by aviation accidents.

  • Myth: Aviation Accidents Are Always Fatal

    Despite popular belief, many aviation accidents do not result in fatalities. Advances in technology and safety measures mean that accidents can often be survived, leading to personal injury claims rather than wrongful death suits.

  • Myth: Lawyers Can Only File a Case in the Location of the Accident

    Aviation law is international in scope. Multiple jurisdictions can apply, and an experienced aviation lawyer can help determine the most advantageous venue for filing a lawsuit.

  • Myth: One Cannot Sue the Federal Government for Aviation Accidents

    Though it is challenging, under the Federal Tort Claims Act, one can sue the federal government for aviation accidents, especially when air traffic controllers, who are federal employees, are at fault.

By debunking these myths, we hope to help those affected by aviation accidents better understand their legal rights and the crucial role that aviation accident lawyers play in asserting those rights. Remember, every case is unique, and this information serves as a general guide rather than specific legal advice. It is advisable to consult with an experienced aviation accident lawyer to discuss your particular situation.


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