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7 Things I Wish I'd Known About Aviation Accident Lawyers Before Hiring One
July 09, 2023

In the realm of aviation, mishaps are an unfortunate reality, and when they occur, it necessitates the involvement of a uniquely specialized legal professional - an aviation accident lawyer. As someone who has personally navigated this particular legal landscape, I find it worthwhile to share some pivotal insights I've garnered. Here are seven things I wish I'd known prior to my initiation into this world.

Firstly, one should not underestimate the significance of specialization in legal practice. Much like an aeronautical engineer differs vastly from a civil engineer, so does an aviation accident lawyer from a criminal defense lawyer. Their sphere of expertise is wrapped around laws that are unique to the aviation industry, including federal aviation regulations, and their knowledge extends to the understanding of aircraft operations, pilot responsibilities, and airline liability.

Secondly, it's crucial to comprehend the importance of jurisdiction in aviation law. Accidents don't always occur within the confines of your home state or even country. They can transpire across state lines or international borders, thus invoking a complex web of jurisdictional issues. This complication makes it essential to hire an attorney who is well-versed in international aviation law, bilateral agreements, and corresponding jurisdictional implications.

Thirdly, the concept of strict liability plays a seminal role in aviation law. It suggests that a defendant (possibly an airplane manufacturer) can be held liable for damages without having to prove negligence. If the airplane or any of its components, like engines or automated systems, were defective and caused the accident, the manufacturer could be held responsible. Thus, an aviation accident attorney needs the acumen to identify potential strict liability cases.

Fourthly, the interplay between aviation law and insurance is an interesting yet complicated dynamic. Airlines are required by law to carry insurance to cover potential accidents. Understanding the specifics of these insurance policies, what they cover, and what they exclude, can often be the key in a lawsuit. Hence, an aviation accident lawyer must also have a deep understanding of insurance law.

Fifthly, the National Transportation Safety Board (NTSB) investigation plays a crucial role in any aviation accident case. An aviation accident attorney must be skilled in interpreting the NTSB's findings, which often entail complex technical data and jargon. The NTSB's report can significantly influence the outcome of a lawsuit. Therefore, it's pivotal for your lawyer to be able to extract and present relevant information from these reports.

Sixthly, let's delve into the economic aspect. The gravity of aviation accidents often leads to considerable financial stakes. The calculation of damages in such cases is a complex task, involving actuarial science, economics, and financial forecasting. These calculations are used to estimate potential losses, including future income, medical costs, and non-monetary damages such as pain and suffering. An attorney well-versed in these calculations significantly ups the ante for a successful claim.

Finally, time is of the essence in aviation accident litigation. Statutes of limitations, which set the maximum time after an event within which legal proceedings may be initiated, vary according to the nature of the claim, the identity of the defendants, and the law of the applicable jurisdiction. It is, therefore, essential that your legal representative is aware of these time limits and strategically navigates through them.

In conclusion, hiring an aviation accident lawyer is not a decision to be taken lightly. It's a journey requiring specialized knowledge, understanding of complex jurisdictional issues, interpretation of technical data, actuarial calculations, and strategic planning. As someone who has been through this journey, I can confidently say that to truly understand the intricacies of aviation law, one must take a deep dive into the subject, just as a pilot would in mastering the art of flight.


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