An airplane accident can result in devastating personal injury for those who survive this ordeal. But after the chaos is over and the publicity has died down, there are still victims who must obtain compensation for their life-altering injuries. What process will help the injured prove that a carrier’s negligence led to the incident? How can they prove the carrier is liable for their injuries?
How To Prove An Air Carrier Is At Fault For Your Personal Injury
Proving liability in a plane accident that results in injury can be very difficult. Various agencies including the Federal Aviation Administration (FAA) can get involved in this type of litigation and make things complicated.
However, personal injury lawyers can employ several strategies to help prove that a carrier or aircraft manufacturer is liable for an accident. These strategies include:
- Negligence Liability – The main factors in proving negligence are showing that the carrier had a duty to protect passengers in the aircraft, and the carrier breached that duty, which directly caused the injuries suffered by passengers. For example, if an accident was due to pilot error, this could fall under the negligence liability standard.
- Product Liability – Under this standard, a personal injury lawyer must prove that the accident that caused the victim’s injuries was due to a defective part sold by a manufacturer. This standard typically applies in instances in which a mechanical problem with the aircraft caused the accident. Personal injury lawyers often use the theory of ‘strict liability’ to show that a product defect caused an airplane accident.
- Strict Liability — This legal standard only takes into account the party that directly contributed to the accident. So in airplane accident claims, proving that a third party other than the carrier was at fault can reduce the carrier’s liability. This means that the carrier’s liability would be limited by law in incidents such as lightning strikes or terrorist attacks. However, if the carriers breach their duty to passengers, this limitation may not apply.
Help For a Life-Changing Event
If you’re lucky enough to survive an airplane accident, the personal injury you suffer may not just be physical. These incidents can leave lasting psychological scars, and if the airline carrier is not willing to admit fault, you could be in for an intense legal battle. The law firm of David K. Wilson & Associates has won millions of dollars in compensation for victims of airline accidents. We are not afraid to take on these big companies to obtain the compensation you deserve. We understand that injuries suffered in aviation accidents will impact the rest of your life. Please call us today at 903-870-9050 to schedule a free consultation.