Aviation is one of the safest modes of transportation, but when accidents occur the outcomes are frequently devastating or fatal. Aviation accident victims may suffer severe injuries requiring months or years of medical attention. Certain types of injury could possibly have long-term effects.
Surgery, rehabilitation, medicines, therapy, and additional costs all pile up. In addition to suffering from physical injuries and mental grief, victims and their families are also immediately burdened with large hospital bills and/or burial costs.
In the wake of an aviation accident, the affected families and the flying public are entitled to know what actually occurred. They deserve answers.
At the Law Office of Barrios & Machado, we are dedicated to advocating for the victims of aircraft accidents and easing their financial burden. Call the Orange County aviation accident attorneys at Barrios & Machado at (714) 515-9696 if you or a loved one has been hurt in an aviation accident.
What are some common injuries from aviation accidents?
As with any other type of accident, victims of an aviation mishap may suffer from a variety of injuries, some of which may be fatal.
- Traumatic brain injuries (TBIs)
- Back and spinal cord injuries
- Multiple bone fractures or breaks
- Serious burns (from aircraft collisions and runway accidents)
- Anxiety, post-traumatic stress disorder (PTSD), and various forms of emotional trauma
- Surviving family members’ loss of consortium following the death of a loved one in an airplane disaster.
When a commercial or private aircraft (or a helicopter) crashes, causing serious personal injury or death, Barrios & Machado has the thorough knowledge and expertise required to independently and relentlessly determine the cause and to secure the National Transportation Safety Board's (NTSB) full cooperation in its concurrent investigation.
The best-known legal professionals and investigators in the American aviation business will be utilized by the Barrios & Machado Orange County plane crash attorneys to help you with your case.
Apart from acquiring and carefully evaluating the work of accident investigators from government organizations, we employ our own aviation specialists and consultants to analyze all available evidence, including the following:
- Aircraft operation, maintenance, and procedure manuals
- Maintenance and inspection logs
- Records of crew training
- Flight plans
- Air traffic control records
- Voice recorders in cockpits
- Flight data recorders
Our experts may also examine the manufacturer's documents regarding the design and testing of the subject aircraft, as well as records relating to past failures and of similar aircraft with safer alternative designs, in cases involving possible manufacturing or design flaws in the subject aircraft.
What Aviation Accidents and Negligence Can You Sue For?
You are entitled to recompense for any injury you could incur as a result of:
- Airplane turbulence
- Slip, trip, and fall because of a wet surface or barrier
- An object that falls out of a locker that isn't properly closed
- Accident involving a cart carrying refreshments
- Hot drinks offered by the cabin staff
- Plane crash
Who Has the Right to File a Lawsuit for Damages from Airplane Accident Injuries?
Obviously, as long as someone is to blame for the injury, any passenger who is hurt in an airline accident, or the heirs of any passenger who is killed, are allowed to file a case.
If the pilot or co-pilot of the aircraft can prove that pilot error was not the only factor in the disaster, they or their heirs are also permitted to file a case.
A lawsuit may also be filed on behalf of those who are not passengers but are hurt or killed by an airplane (for example, when an airplane collides with another aircraft or a building).
After witnessing an airplane crash, people on the ground or near the accident site who are aware that their close relative is on board may be eligible to file a lawsuit for their emotional injuries under specific, limited circumstances, most often if the relative is aboard the plane.
If a loved one perishes in an aviation disaster, the surviving family members may be entitled to compensation if someone else's negligence was to blame. Based on California estate law, only specific relatives are eligible to receive compensation. To find out who can file a lawsuit in any given circumstance, you should speak with a lawyer.
The injured plaintiff's spouse may also file a claim on their own behalf for loss of consortium damages, often known as compensation for the injured plaintiff's loss of spousal affection, comfort, and care.
Accountability of Negligent Parties
In the event of an accident involving a commercial aircraft, private aircraft, or a helicopter, we are ready to represent you. Such an accident may have been caused by carelessness on the side of the flight's pilot or crew, or by those in charge of manufacturing or maintaining the aircraft.
Those responsible for an accident caused by improper maintenance or operation of an airplane or helicopter may be held financially responsible.
Who is accountable in a plane crash?
It is crucial to establish responsibility for the incident in every personal injury case. There are numerous parties who could be held accountable for an airplane crash. One or more of these parties may be found to be at fault after an investigation:
- Commercial carrier
- Private plane
- Aircraft or helicopter manufacturer
- Aircraft or helicopter components manufacturer
- Agencies of the federal government, such as the FFA
- Maintenance personnel
Private plane collision
Private plane collision cases may involve any of the following parties as at-fault:
- if the pilot was at fault for the crash,
- the pilot of the aircraft
- the insurance provider
- the plane manufacturer
Commercial plane crash
The culpable parties in the case of commercial flights can include:
- the airline company
- aircraft traffic controllers
- the aircraft manufacturer
What types of damages are possible in cases involving aviation accidents?
The victim of an Orange County plane accident is eligible for a variety of forms of compensation. Damages of both an economic and non-economic nature are included. The following could be available to crash survivors:
- Payment of their medical expenses
- Compensation for income lost if they are unable to work
- Damages from pain and suffering
- Damages from loss of enjoyment of life
In a wrongful death claim, the families of individuals killed in a plane crash may be entitled to the following compensation:
- Costs of funeral and burial
- Loss of benefits and future earnings of the deceased
- Costs of medical care before death
- Damages from pain and suffering
- Damages for lost companionship
Punitive damages may be granted in personal injury and wrongful death claims involving plane crashes if the responsible party is proven to be severely negligent or if their actions were deliberate.
Your Orange County plane accident attorney will work to accurately assess your damages because the overall amount of compensation given in these cases depends on a number of factors.
Contact an Orange County Aviation Accident Lawyer Today
Contact the Orange County aviation accident attorneys of Barrios & Machado if you or a loved one has suffered injuries as a consequence of an aviation accident.
Our skilled attorneys can advise you on the next steps in filing an aviation accident claim. For a free, no-obligation case examination, call (714) 515-9696.