Airplane Crash

If you survive an airplane crash the amount of compensation to which you would be entitled to depends on a number of factors including the extent of your injuries. The more severe your injuries the most compensation to which you will be entitled. Compensation will include the amount of your medical bills, such as your hospital stay, rehabilitation, medication, and any other expenses related to treating your injuries. You would also be entitled to lost wages for the time you are unable to work because you are recovering from the injuries caused by the accident. In addition to the out-of-pocket expenses such as medical expenses and lost wages, you may also be entitled to compensation for the emotional suffering you experienced due to the accident such as fear, grief, frustration, worry, inconvenience and the loss of the enjoyment of life.

In order to receive compensation, you would first have to demonstrate your losses. For example, to prove your medical bills, you would have to produce medical bills and receipts for expenses. To provide lost wages, you would have to produce paystubs or other evidence from your employer. To show emotional suffering, you would need evidence from a psychologist or even friends and family who can attest to the change in your mental state since the airplane crash.

If you are a plane crash survivor, you can file a personal injury claim against the airline. Depending on the cause of the crash there may also be other parties to sue as well. When a plane crashes in the United States, the National Transportation Safety Board (NTSB) is responsible for investigating and determining the cause of the crash. If the crash occurs in another country, that country will investigate the crash.

If, for example, the cause of the accident was the failure of a part, then you may have a claim against the manufacturer of the part based on product liability. If the air traffic controller made a mistake that led to the crash, you may have a claim against the air traffic controller based on negligence. Of course, if the NTSB determines that the crash was caused by pilot error, you would have a claim against the airline.

Based on the theory of wrongful death, the family or estate of a victim who dies in a plane crash has the right to sue the responsible parties for compensation. The defendant(s) might include the airline, the pilot, the manufacturer of the airplane, or any other party whose actions caused the plane to crash.

The amount of compensation to which the family would be entitled depends on factors such as

• The age of the deceased person
• The victim’s earning capacity
• The state of the victim’s health
• The victim’s income at the time of death
• The age and circumstances of the victim’s dependents
• The victim’s education and training
• The value of the benefits that family members lost as a result of the victim’s death such health insurance or retirement benefits
• The medical expenses associated with treating the injuries from the airplane crash that led to the victim’s death
• The victim’s funeral expenses
• Value of lost benefits (e.g. pension, health insurance)

In addition, the amount of compensation is also dependent on the laws that govern the accident. Depending on the where the accident occurred and the cause the accident, different international, federal, and local law may apply, some of which may limit the amount of compensation that a victim’s family would be entitled to receive.