Kentucky Attorney for Injuries on Flights: Guide to Aviation Accident Claims
Aviation accidents can have devastating consequences, leading to severe injuries or even death. Understanding the causes, types of accidents, and potential legal avenues for compensation is crucial for those impacted by an airline incident.
Whether in Kentucky or abroad, Morrin Law Office is here to help you navigate the complexities of aviation personal injury cases.
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Aviation Accident Guide
Causes of Commercial Airline Accidents
Although not as common as a standard car accident, there are several factors that may contribute to an airplane accident, including:
- Pilot Error – Issues like inexperience, poor training, fatigue, or intoxication can compromise safety.
- Air Traffic Control (ATC) Error – Miscommunication or incorrect instructions by ATC personnel can result in mid-air collisions or runway incursions.
- Weather Conditions – Severe turbulence, ice accumulation on wings, wind shear, and lightning strikes pose significant risks of injury.
- Mechanical Failures – Engine malfunctions, instrument failures, and structural defects can all lead to serious accidents.
Other incidents that could result in an aircraft injury include falling luggage from overhead compartments, hot liquid burns from beverage carts, tarmac accidents, passenger conflicts, or slips and falls while boarding.
Types of Aviation Accidents
Aviation accidents can be broadly categorized into two types: commercial aviation accidents and general aviation accidents. Other incidents can involve helicopter crashes, runaway collisions, fuel explosions, and engine failures.
Obtaining an injury while on an aircraft can seriously impact a victim’s life. From expensive medical bills to lost wages from missing work, the financial damages can add up quickly. The team at Morrin Law can assess your case during a risk-free consultation.
What Kind of Injuries Can Occur on a Flight?
Injuries sustained on an airplane will vary depending on the specific incident. Common injuries include the following:
- Traumatic brain injury (TBI);
- Spinal cord and back injuries
- Broken bones and fractures
- Burns
- Internal injuries
- Emotional trauma
- Lacerations and open wounds
- Joint and muscle injuries
Have you recently suffered an injury due to a collision or negligent acts on an aircraft? Contact the personal injury attorneys with Morrin Law to discuss your case.
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Determining Liability in an Aviation Personal Injury Case
When an aviation accident occurs, determining liability is critical. An injured person may file a claim against several parties, such as the aircraft owner, the pilot, the manufacturer, or even government entities like the Federal Aviation Administration (FAA).
The FAA mandates stringent safety standards for domestic airlines. According to the National Transportation Safety Board (NTSB), an accident is defined as any event related to the operation of an aircraft that results in serious injury, death, or substantial damage to the plane.
The FAA defines a serious injury as any injury that:
- Requires hospitalization for more than 48 hours, commencing within 7 days from the date of received injury;
- Results in a fracture of any bone (except minor fractures of the fingers, toes, or nose);
- Causes severe hemorrhages, nerve, muscle, or tendon damage;
- Involves any internal organ; or
- Involves second- or third-degree burns, or any burn covering more than 5% of the body.
Evidence in Aviation Cases
Under 14 CFR part 120, the FAA requires drug and alcohol testing to be submitted by employees as soon as possible following an incident on an aircraft. Any employee performance that contributed to or is suspected to have caused the incident must submit testing for the presence of drugs or alcohol.
Pilots are prohibited from operating an airplane if:
- They’ve consumed alcohol in the last eight hours;
- They have a blood-alcohol content of 0.04 or higher; or
- They are under the influence of drugs or alcohol.
The results from a drug and alcohol test post-aircraft incident can help prove the at-fault party’s negligence. Compelling evidence is crucial in aviation personal injury cases to establish negligence or fault. After an aviation accident, collecting the following evidence is essential:
- Physical evidence: Damaged personal items or clothing from the incident.
- Photographs: Images of injuries, the aircraft, and the accident scene.
- Medical records: Documentation of all medical treatments and procedures.
- Witness statements: Testimonies from other passengers or bystanders.
- Personal recollections: Written notes detailing your experience during the incident.
Morrin Law reminds clients of the importance of evidence preservation. Losing digital evidence or letting physical evidence deteriorate can impact the success of your case. We recommend doing your best to preserve all evidence obtained that outlines the extent of your injuries.
The Role of the NTSB in Aviation Accident Investigations
The NTSB is the lead federal agency responsible for investigating all civil aviation accidents in the United States. The NTSB’s comprehensive investigations can take between 12 to 24 months to complete. The process includes publishing the following:
- Preliminary Report;
- Accident Docket; and
- Final Report.
It’s important to note that while the NTSB’s findings are crucial for determining probable cause, the agency does not have regulatory or enforcement authority.
Recovering from an Aviation Accident
Injuries from an aviation accident can cause immense physical, emotional, and financial harm. Through a personal injury claim, you can seek to be awarded compensation for the following damages caused by the incident:
- Medical expenses
- Rehabilitation costs
- Lost wages or benefits
- Pain and suffering
- Wrongful death
The exact process will vary, depending on the extent of your injuries and the nature of the incident. Unsure what the value of your personal injury claim is? Call the Office of Morrin Law today at (859) 358-0300 to receive a risk-free case evaluation of your Kentucky aviation accident.
Statute of Limitations
Depending on the jurisdiction and specific circumstances surrounding the aviation accident, the time limit for filing may vary. In Kentucky, the statute of limitations for filing a personal injury claim is typically one year from the date of the incident. However, a claim involving the federal government (such as air traffic control), victims may have two years to file under the Federal Tort Claims Act.
If you have questions about how long you can seek compensation for your aircraft injuries, contact Morrin Law. Waiting too long to file can result in the case becoming barred, which will prevent you from receiving any potential compensation for your damages.
Contact Morrin Law Office Today
If you or a loved one has been injured in an airplane accident at a Kentucky airport, our experienced Kentucky personal injury attorneys at Morrin Law Office can help. We offer risk-free consultations to discuss your case and potential legal remedies. Don’t let the complexities of aviation law prevent you from seeking the compensation you deserve. Call our office now at (859) 358-0300 to see how our personal injury attorneys can add significant value to your claim.
Contact the Kentucky Personal Injury Attorneys with Morrin Law
Our personal injury attorneys have the knowledge and legal insight to accurately represent your case. We understand the ins and outs of litigation in Kentucky and can take on the bulk of the work by negotiating with insurance companies and the at-fault party on your behalf. If your case requires going to trial, our attorneys will fight to ensure that you receive fair compensation to support your injuries.
Contact the office of Morrin Law Office today at (859) 358-0300 to receive a free case evaluation to go over the details of your Kentucky semi-truck accident. Our firm works on a contingency basis, so we only win when you do!
- Medical expenses;
- Lost wages;
- Pain and suffering;
- Funeral expenses for wrongful death; or
- Any other accident-related expenses.
It is important to first consult with a personal injury attorney when filing a claim. An experienced attorney can review your case to help determine your injuries and the impact it has caused on your life.
Get Started on Your Case Today with Morrin Law Firm
At the Law Offices of Morrin Law, we aim to be more than just a legal firm. Our goal is to be your resolute representative and partner throughout your healing journey. Car accidents can be devastating, even resulting in potential wrongful death. If you were injured in a Kentucky car collision and believe you are entitled to compensation due to another person’s negligence, consider hiring one of our experienced personal injury attorneys.
We provide new clients with a risk-free case evaluation when you call us at (859) 358-0300.