An aviation accident can cause serious injuries, financial strain, or the loss of a family member. Legal issues may continue after the incident. Flight records, maintenance files, federal rules, state law, insurance, and international agreements may affect a claim.
If you suffered harm in an aviation accident, Brach Eichler Injury Lawyers can discuss the incident and possible legal options. The firm’s published materials identify aviation matters as a practice area and state that it handles related claims for people in New Jersey. Call (973) 364-8300 or use the online contact form to get started.
The firm’s Roseland personal injury practice provides general information about injury claims. A New Jersey personal injury attorney can review the facts, but no general page can determine whether a particular aviation claim exists or predict an outcome.
Why Consult Brach Eichler Injury Lawyers?
Brach Eichler Injury Lawyers handles personal-injury matters in New Jersey and offers free consultations. Aviation claims can involve technical evidence and several potentially responsible parties. Depending on the facts, a legal review may involve an airline, aircraft operator, pilot, manufacturer, maintenance provider, airport operator, or another entity.
A lawyer may review available records, identify possible claims, and explain potential next steps. Some cases may require input from aviation, engineering, medical, or economic professionals. The facts determine whether a professional can help explain the cause of an incident, the nature of an injury, or the financial effect of a loss.
The written fee or representation agreement should explain the attorney fee, case expenses, liens, and other terms. The firm’s published materials state that it works on a contingency fee basis and that clients do not pay attorney fees unless the firm obtains a recovery. The written agreement controls. The firm’s about page provides general information about its legal services.
The Roseland office is located at 101 Eisenhower Parkway, Suite 200, Roseland, NJ 07068. Call (973) 364-8300 or use the contact page to discuss your situation.
Types of Aviation Accident Claims
Aviation injury claims can involve more than large plane crashes. The aircraft, flight operation, location, and circumstances may affect the legal analysis. Potential claims may involve commercial airline accidents, private plane and small aircraft crashes, charter and air tour accidents, air ambulance operations, helicopter crashes, turbulence-related injuries, runway or tarmac incidents, baggage handling injuries, and defective seats, equipment, or aircraft parts.
Passenger status and flight type may affect the legal analysis. A claim may involve an airline, charter company, aircraft owner, operator, pilot, or another party. Tickets, passenger records, operator documents, and maintenance information may help show what happened and identify potential insurance coverage. Review the firm’s attorney profiles for general information about the legal team.
International travel raises additional questions. Depending on the itinerary and other facts, the Montreal Convention may affect certain passenger-carriage claims. Treaty rules do not apply to every aviation incident. Counsel must review the flight and injury before applying treaty rules.
People may also suffer harm while boarding, leaving an aircraft, handling baggage, or working near airport operations. Hard landings, turbulence, defective seats, or an inadequate emergency response may contribute to injuries. A legal review may assess negligence, a defective product, an unsafe property condition, or another possible cause. The firm’s product liability information provides general context for claims involving an aircraft component or other product.
Causes and Potentially Responsible Parties
Possible causes may include pilot or crew error, inadequate training or supervision, mechanical failure, negligent maintenance, defective aircraft or component parts, unsafe design or manufacturing, air traffic control mistakes, runway or airport hazards, poor weather decisions, and inadequate emergency procedures.
The cause may remain unclear after an incident. Investigators may compare witness statements with flight recorder data or cockpit voice recordings when those materials exist and lawful access permits review. Other possible evidence may include maintenance records, inspection files, pilot training documents, weather data, flight information, air traffic control information, photographs, video, and communications.
The Federal Aviation Administration accident and incident resources provide official aviation information. FAA information may assist research, but an agency investigation does not resolve every issue in a civil claim. The use of agency records depends on the record and applicable law.
Depending on the evidence and applicable law, potentially responsible parties may include pilots, airlines, aircraft owners, operators, charter companies, air tour businesses, air ambulance operators, manufacturers, maintenance companies, mechanics, airport operators, businesses responsible for unsafe conditions, or government entities where legally permitted. More than one party may share responsibility.
The NTSB aviation investigation search provides an official database for civil aviation accidents and selected incidents. Each defendant may raise different defenses and carry different insurance coverage. Government claims may involve immunity defenses, statutory exceptions, notice requirements, or other procedures. Listing a possible party does not mean that party caused an injury or faces liability in a particular case.
The facts may support negligence, product liability, premises liability, or wrongful death claims. Each claim may involve different legal standards, defenses, insurance, and filing rules. Federal aviation law, state law, another state’s law, or an international agreement may affect different parts of a case.
Injuries, Losses, and Compensation
An aviation accident can cause broken bones, burns, spinal injuries, traumatic brain injuries, internal injuries, amputations, and other serious harm. Some injuries require long-term care or prevent a person from returning to work. The law, proof, insurance, and injury facts affect potential damages.
Depending on the facts and applicable law, a claim may seek compensation for emergency treatment, medical bills, rehabilitation, future medical care, lost wages, reduced earning ability, disability accommodations, assistive equipment, other out-of-pocket costs, physical pain, emotional distress, reduced quality of life, permanent disability, disfigurement, property damage, and wrongful death losses.
Wrongful death laws may allow funeral costs and certain financial losses. The available damages depend on the governing law and evidence. A New Jersey wrongful death claim may involve different procedures from an injury claim. Punitive damages require the applicable legal standard and supporting evidence. No lawyer can promise a specific recovery.
Keep medical records, receipts, employment information, tax records, and notes about daily challenges. These materials may help document current losses and future needs. An early settlement offer may not account for long-term care or reduced earning capacity. The firm’s reported results cannot predict the outcome of an aviation claim.
Aviation Accident Claim Deadlines
Time limits vary by claim. The deadline may depend on the defendant, location, claim type, government involvement, international travel, the aircraft or airline, and other facts. Claims involving public entities, the federal government, international travel, minors, incapacitated claimants, product liability, or other special circumstances may involve different deadlines, notices, or procedures.
Contracts and international agreements may also affect filing rules. A statute of repose or treaty-specific period may apply. Do not assume that one general deadline applies. Contact Brach Eichler Injury Lawyers promptly for a case-specific review of possible deadlines.
What to Do After an Aviation Accident
Your safety and medical care come first. Once you reach safety, get emergency medical care, follow your provider’s instructions, and report the incident to the airline, operator, airport, or proper authority when appropriate. Write down witness names and contact information.
Save photographs, videos, tickets, boarding passes, baggage records, emails, receipts, and other documents. Keep copies of communications with insurers, airlines, operators, airports, or government agencies. Avoid detailed social media posts about the incident or your injuries. Consider speaking with a lawyer before giving a recorded statement or signing a release.
Do not discard damaged clothing, luggage, safety equipment, or other physical evidence unless a medical or safety professional instructs you to do so. Preserve original photograph and video files when possible. 14 C.F.R. Part 830 provides official federal rules concerning certain aviation accident and incident notifications and reports.
Different claims may have different filing deadlines. Prompt legal guidance may help preserve options, but no lawyer can promise that a claim will succeed.
How an Aviation Accident Lawyer May Help
Depending on the facts, the legal team may review medical records, accident reports, photographs, witness accounts, and other evidence. The team may request or help preserve flight records, maintenance files, pilot training records, and air traffic control materials when permitted and available.
The team may identify potentially responsible parties and available insurance coverage; work with aviation, engineering, medical, or economic professionals when appropriate; calculate current costs, future medical needs, lost income, and other losses; handle communications with insurers and opposing parties when authorized; evaluate settlement proposals; and prepare for litigation when negotiations do not resolve the claim.
Counsel may assess which state, federal, or international law applies. Counsel cannot promise that a particular record exists, remains available, or can be obtained. Contact the firm before evidence disappears or an applicable deadline passes. The firm’s attorney profiles provide general background only.
Frequently Asked Questions
What should I do immediately after an aviation accident?
Get medical care, report the incident when safe, and preserve documents, photographs, and witness information. Avoid detailed statements to insurers or other parties until you understand their possible effect. Contact a lawyer promptly if you suffered an injury or lost a family member.
How long do I have to file a claim?
No single deadline applies to every aviation claim. Time limits may depend on the defendant, location, claim type, government involvement, and international rules. Government or treaty claims may require separate notices or procedures. Contact (973) 364-8300 for a case-specific review.
Who may face legal responsibility?
Possible defendants include a pilot, airline, aircraft operator, owner, maintenance company, manufacturer, airport operator, or government entity. Evidence from the flight, aircraft, maintenance history, and surrounding conditions may help identify possible responsibility.
What compensation may be available?
Depending on the facts and applicable law, compensation may include medical expenses, future care, lost income, disability-related costs, pain and suffering, emotional distress, property damage, and wrongful death losses. The evidence, legal claims, responsible defendant, insurance, and applicable treaty or statute affect available damages.
How much does an aviation accident lawyer cost?
Brach Eichler Injury Lawyers offers a free consultation. If the firm accepts a case, a contingency fee agreement may base the attorney fee on a recovery. The written agreement explains fees, case expenses, liens, and other terms.
Contact Brach Eichler Injury Lawyers
If you or a family member suffered harm in an aviation accident, contact Brach Eichler Injury Lawyers for a free consultation. The team can discuss your situation, possible evidence, and potential deadlines. Visit the Roseland office at 101 Eisenhower Parkway, Suite 200, Roseland, NJ 07068. Use the online contact form or call (973) 364-8300. If injuries prevent travel, ask whether another meeting option may be available.
This page provides general information. It does not create an attorney-client relationship or provide legal advice. Facts and legal rules vary by claim. Past results do not indicate future performance. Results may vary based on the facts and legal circumstances of each matter. Attorney advertising. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
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We are the trial attorneys with the experience and knowledge to get you the results you deserve. At Brach Eichler Injury Lawyers, we take time to get to know you, as well as your case. We are committed to excellence. It is important for our team to understand your fears, concerns and expectations. We are always available to answer any questions, and are willing to come to you if you are unable to come to us.
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