Aviation Accident Attorney
An aviation accident attorney will almost always be called after a commercial and sometimes private plane crash either injures or kills aircraft occupants. If there is any hint that there was any malfeasance on the part of the aircraft's manufacturer, flight crew or ground crew as well as airport staff such as control tower professionals, an aviation accident attorney will be called. In many cases, even before preliminary reports are delivered, families have already arranged the hire of such a barrister. Since there are attorneys all over the country that specialize in civil lawsuits stemming from these accidents, choosing the right one can be extremely important. What are some of the hunt's most salient points?
The first issue might be to not get in a hurry. An accident has occurred and often people like they need a guide who knows how things work. While not the final attorney of record, a family lawyer is often the best source for where to go, what to expect and perhaps help in choosing the aviation accident attorney. A person who is emotionally wrought over the sudden death or severe injury of a loved one should not be going through a phone book looking for an aviation lawyer. But if the decision is made to seek a lawyer early in the process, the search should best be left to someone with a clear mind and an unattached attitude such as the family lawyer or sharp business person. This is extremely important because not only is the background and the experience of the attorney in question but sensitive negotiable issues such as the percentage of the litigation fee are also in play.
Before the conversation ever gets to money, the interested party should broach the subject of an attorney's experience in handling such a case. For instance, the experience may be limited to small private aircraft accidents and the case calls for expertise in an airline mishap. Sometimes a highly specialized attorney who knows the information needed surrounding helicopter accidents is most appreciated. Should a plaintiff put off choosing a lawyer for a period of time news of the tragedy will get out into the public arena. And just like a dachshund can smell a roast in the oven, there will be unqualified attorneys smelling out the opportunity for a big profit and will contact the plaintiff. The best advice would probably be to ignore all those attempts at communication and chart one's own course in the hunt for an aviation accident attorney.
It is not unnatural to want to like the attorney of record. It is that attorney's responsibility to keep the plaintiff apprised of all events, decisions and twists and turns in the case and in that process, the personality and even caring nature of the attorney will or will not come out. The person being represented in the case has every right to expect both an aviation accident attorney with a killer instinct in the courtroom and well as a warm heart in the living room. Whether the payoff for the lawyer will be ten thousand or a million dollars, the expectations for the barrister the plaintiff is most comfortable with can be high.
In many cases an aviation accident attorney practicing in this area of civil law will be compensated from judgment monies received in the settlement. Called a contingency basis for compensation , it means that a lawyer wants to work as hard for the client as possible because this contingency is most likely a percentage of the settlement money, often as much as fifty percent . But in addition to the percentage that is agreed on if the case is won or settled out of court, there are additional expenses the plaintiff must bear and these include bringing in expert witnesses if needed as well as their travel expenses. Sometimes an aviation accident attorney will want to reconstruct the accident for the jury and models, displays, visual aids and other props can be expensive to construct. Going through a tragic event such as the loss of someone in an accident can truly force someone to decide what is important in life. Jesus said that owning everything in the world could be a tragedy when a person ignores the claim of God on his soul. "What shall it profit a man if he shall gain the whole world and lose his own soul?" (Mark 8:36)
When the death or injury occurs with a larger aircraft the choice for an aviation accident attorney may already be made for the plaintiff. Courts may ask that a class action suit be brought on behalf of all the ones lost in an aircraft disaster because bringing two or three hundred individual cases before a court system is not practical. In many of these types of cases, plaintiffs will have to settle for less than if filing individually, but the order by a court to limit the judgment to class action will stand in most cases. When a class action suit is ordered, the amount of the judgment must be determined and properly divided between attorneys and clients. And just like with individual cases, the expenses, which may be quite high for a class action case must be taken from the clients' pockets. If you are a loved one who has recently gone through an air tragedy, please know that God hasn't moved from your side. Open your heart and let Him bring you healing.
Airplane Accident LawyerThe phone rang, waking the aviation accident attorney out of a dead sleep, but immediately the woman knew it was not a prank call or a wrong number. Since the woman's specialty was wrongful death lawsuits involving airplanes, and since these accidents didn't happen just every day, there was a reason for concern. The woman prayed silently that this call was not involving a large commercial plane that could mean a large loss of life and years of litigation. The call did confirm a loss of life, but thankfully the crash only involved a small commuter plane with five people on board including a crew of two. Even so, there were a number of families suddenly without loved ones and the pain and sorrow of such a sudden loss of life would be enormous for these people. The crash had occurred near midnight three states away, but already a family member of one of the crew had called and the so the litigious ballet would begin.
Since the crew had been based out of the city where the airplane accident lawyer lived, meeting family members the next morning was not difficult to schedule. When the family sat down, the grief that each member shared was overshadowed by the anger that was present in the room. The wife and grown children of the plane's pilot almost all began in unison to tell of the pilot's attempt over two years to get the commuter airline to address a problem regarding the landing gear of the type of plane the company used almost exclusively on its state to state routes in the Midwest. The pilot often worried out loud in front of family members over the harrowing experiences of having to try repeatedly to get the landing gear down on that particular plane, and each time the malfunction occurred, it would eventually comply, but only after several attempts. The pilot made complaint after complaint to the airline, but each time the complaint was rebuffed because all mechanical efforts to find the problem were of no avail.
After listening for almost an hour, the airplane accident lawyer began to feel that she would have a pretty strong foundation for a wrongful death lawsuit on behalf of this family and the others who were aboard the ill fated flight that evening. The plane had crashed on approach to a small Midwest airport because the landing gear collapsed upon ground contact, despite the fact that the cockpit instruments confirmed the down and locked position of the gear. The pilot had radioed eight minutes before the accident that he was once again experiencing problems getting the gear down, but reported just before landing that the gear was down and secure. So the aviation accident attorney began slowly explaining to the family what would lie ahead in the process to make sure this accident would not occur again for other families. She spoke very slowly and clearly about the details.
The woman explained that the wrongful death lawsuit process was one that might take a number of years to litigate. She also explained that there would be no guarantees made as to the outcome of the lawsuit, although the woman's experience of being an aviation accident attorney led her to believe that the family had a very strong case against the airline. The point was made that if the airline's liability was not overtly recognizable, the court process might indeed push out into the five or ten year range of completion. However, if the liability of the airline was clearly recognizable form the start, a case could be settled in as early as six months to a term of about three years. The litigator then went on to explain the financial aspects of the wrongful death suit process. "Let no man say when he is tempted, I am tempted of God: for God cannot be tempted with evil, neither tempteth he any man." (James 1:13)
The barrister explained that the litigations costs could be rather enormous as this legal undertaking unfolded. Costs for accident reconstructionists, economic damages experts, deposition costs and court costs could be staggering. Additionally, the attorney's firm would ask for 1/3 of the final settlement figure as a retainer fee. The airplane accident lawyer then laid out what would have to be proven in court. First, to prove a wrongful death scenario, negligence or misconduct or product liability would have to be shown. Additionally, proof that the airline had an obligation to act in a specific manner in regards to the pilot's complaints would have to be shown as well as the fact that the airline failed to meet a specific standard of maintenance care on the plane itself. Finally, there would have to be causation shown, which means that the failure of the airline to act in a specific manner caused their death of the people onboard that plane on that fateful evening.
Whenever a terrible accident occurs bring with it the loss of human life, trained professional from many disciplines are needed to help sort out the mitigating circumstances. In the case of aviation tragedies, an experienced aviation accident attorney is one of the first professions to be consulted. While it may appear wrong for a family or a group of people such as the survivors of accident victims to profit financially from such a tragedy, a higher purpose can exist for such wrongful death lawsuits. Because many companies will continue to engage in harmful practices until the companies are truly hurt in the pocketbook, it is often necessary to engage in high stakes litigation efforts in order to force large and financially successful companies into changing the way they do business and stem the tide of human loss caused by carelessness or recklessness. An airplane accident lawyer will be part of that action.