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Airplane and helicopter injury lawsuits involve legal claims related to injuries or fatalities resulting from aviation accidents. These cases can be complex due to the involvement of multiple parties, such as pilots, manufacturers, maintenance crews, and airlines, as well as the intricacies of aviation regulations and safety standards.
There can be variety of airplane and helicopter incidents that need further investigation.
Including pilot misjudgments from altitude or speed, flying under the influence of drugs or alcohol, and inadequate training.
Including engine, wing, landing gear, or control system malfunction or failure.
Including errors or negligence by air traffic controllers to provide correct instructions and monitor air traffic properly
From commercial tours or emergency medical flights
Specific legal criteria must be met to have a valid airplane or helicopter injury lawsuit, which includes five required elements:
The plaintiff must establish that the defendant owed a duty to exercise reasonable care to avoid causing harm. This duty could be owed by pilots, airlines, manufactures, maintenance personnel, or air traffic controllers.
The plaintiff must show that the defendant breached this duty of care, through negligence, recklessness, or failure to adhere to safety standards. This could involve pilot error, defective equipment, inadequate maintenance, or errors in air traffic control.
There must be a direct link between the defendant’s breach of duty and the plaintiff’s injuries. This requires demonstrating that the defendant’s actions, or lack of actions, directly caused the accident and subsequent injuries.
The plaintiff must have suffered actual damages as a result of the accident. These can include medical expenses, lost wages, property damage, pain and suffering, and other related costs.
The plaintiff must prove that the defendant’s actions, or lack of actions, were liable for the accident. This can be complex and may involve multiple parties, including manufacturers, operators, pilots, maintenance crews, and air traffic controllers.
The statute of limitations is the length of time you have to file a lawsuit after an accident. It can vary by state, but in Hawaii, you have two years after the date of the accident to file an airplane or helicopter lawsuit. There may be some exceptions to the statute of limitations if the full extent of the injuries is discovered at a later date.
In airplane and helicopter injury cases, clients may be eligible to recover multiple types of damages, including:
This includes medical expenses, rehabilitation expenses, future medical costs, lost wages, including future earnings from a long-term or permanent disability, and property damage to luggage or electronics involved in the accident.
This includes compensation for the physical pain and emotional suffering and distress, loss of enjoyment of life due to the injuries, and loss of consortium, which includes the negative impact of the plaintiff’s relationship with their spouse or family members because of the injuries.
If a case is particularly egregious or malicious, punitive damages may be awarded to punish the defendant and deter similar behavior. These damages are less common and require proof of intentional misconduct or gross negligence.
A lawsuit cannot reverse your injuries or bring back a loved one. However, the legal process can help you find justice and heal while ensuring you and your family are financially sound in the future. After an initial consultation, our experienced team will provide an honest assessment of whether your case has merit. If we can help, we assess all the evidence so you can receive fair compensation for the full extent of your loss.
Find quick answers to common questions about preparing for a airplane and helicopter injury consultation.
In Hawaii, you have two years after the date of the accident to file a claim. There may be some exceptions to the statute of limitations if the extent of your injuries were not immediately known.
If you believe your accident in Maui was preventable, you need to file a lawsuit with a lawyer in Hawaii.
Sadly, if an insurance company knows the party they represent is at fault, they may offer a low payout to settle the case quickly. If you are offered a settlement, it is always a good idea to consult with a lawyer to ensure that it is a fair offer that represents economic and non-economic damages, such as pain and suffering.
You should always prioritize your health and safety and seek medical attention first. If you can take photographs of the scene, collect contact information of witnesses, and document your injuries, that is extremely helpful. However, our legal team can also help with collecting evidence from police reports, witnesses, and more to advocate on your behalf.