Plane accidents 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.
But the question is, what is the process that is required to prove that a carrier was guilty of negligence in that event, and is therefore liable for the injuries a victim suffered?
How To Prove An Air Carrier Is At Fault For Your Personal Injury
Proving liability in an airplane accident that results in injury can be very difficult, because of the various agencies – including the Federal Aviation Administration (FAA) that can get involved in this type of litigation.
But there are several strategies that personal injury lawyers employ to prove that a carrier or a manufacturer of an aircraft is liable for an accident, including:
- Negligence – 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 injuries that the victim suffered. 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 would have to 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 is a legal standard that only takes into account the safety of a product as opposed to the skill of the person using that product. So in airplane accident claims, proving that the design or manufacture of an aircraft component was faulty and did not perform the way a normal person would expect, can be sufficient to prove liability.
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, it can leave lasting psychological scars. And if the airline carrier is not willing to admit fault, your pain and suffering will feel even more intense. But 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 for an accident that will impact the rest of your life. Please call us today at 903-870-9050 to schedule a free consultation.