Airplane Accident Personal Injury Claim in Dallas
Approximately 1,000 people die in airplane crashes each year. The Air Crash Record Office reported 876 deaths in 2008. Fatalities can occur when victims sustain impact injuries, inhale too much smoke or fire blocks their escape route (see wrongful death). The most common serious injuries incurred in a plane crash include head injuries, thoracic injuries, abdominal injuries, limb injuries, leg fractures, jack-knifing injuries to the chest, head or spine, a ruptured heart or fractured skull.
While car crashes are common, plane crashes are more unusual- so victims are often shocked and unsure of what to do in the aftermath of an airplane accident. Because so many negligent factors can cause an airplane accident- such as defective parts, pilot errors, design flaws and traffic controller errors- you should not hesitate to file a personal injury claim.
Filing a personal injury claim for an airplane accident can be complex, as state, federal and international laws could apply- depending on where you were flying from, what airline you were on and where your plane crashed. In order to collect damages, an individual must show that a pilot, manufacturer, or airline company failed to meet industry standards when it came to regulatory guidelines, operation or engineering of the aircraft. These parties have a “standard of care” towards passengers, and when this standard is breached, a personal injury lawsuit should be filed.
Airline Liability Laws: The Montreal Convention
When a plane crashes, the National Transportation Safety Board and the Federal Aviation Administration investigate the incident. In 1999, the Montreal Convention passed the “Convention for the Unification of Certain Rules for International Carriage by Air.” This act amended laws established in the 1929 Warsaw Convention and provided for the following:
- That air carriers must maintain adequate insurance
- That rules apply to the liability of the contractual carrier and actual carrier
- That a lawsuit can be brought before the courts in a passenger’s principal place of residence
- That advanced payments can be given to meet immediate needs
- That unlimited liability exists in the event of death or injury of passengers
Texas Time Limits & Airplane Accident Claims
In Texas, there is a statute of limitations period set for many cases, including:
- Two years to file a personal injury claim
- Two years to file an injury to personal property claim
- Two years to file a product liability claim
Any claim that is filed after the two year period will be dismissed, so it is imperative that a victim file his/her claim as soon as possible, under the guidance of an experienced personal injury attorney. If your personal injury lawsuit is successful, you could be awarded damages for past, present and future medical expenses, past, present and future lost wages, pain and suffering, loss of consortium (if you are married) and punitive damages.
If your plane did not go down, but you were injured in another negligent airplane incident- such as being scalded by a cabin crew member, experiencing food poisoning, being hit by an object stored above, being injured by a food trolley, or tripping on airplane stairs- you are also eligible to fight for compensation. Don’t delay in securing the aggressive legal advocate you are going to need on your side.
Zinda Law Group is a firm you can trust to represent your best interests. The firm is a member of the Million Dollar Advocates Forum, has been named a Rising Star℠ in Texas Monthly in 2010 and has been recognized by the National Trial Lawyers’ award “Top 40 Under 40.” When you want a firm to handle your case in a competent, caring manner- Zinda Law Group is the choice for you! Give the firm a call today and talk with a Dallas personal injury attorney to take steps towards recovery.