April 1, 2021
It is dreadful for any person to suffer a plane or helicopter accident. Aviation accidents can be devastating for families and victims.
However, these unfortunate plane or helicopter accidents are inevitable and can occur sometimes. So what should one do when they or their family members are victims of an aviation accident?
Hiring an experienced aviation lawyer can help in seeking justice and holding the responsible parties accountable. Taking legal action in cases related to aviation law is complicated.
It is advisable to let an aviation lawyer handle your case. These specialized lawyers are more often than not licensed pilots having experience as commercial pilots, they have hands-on experience in aviation law.
They are aware of the complicated law, the statute of limitations, the aviation rules, and regulations, etc.
What is Aviation Law in the United States?
Aviation law is a specialized field of law that is dedicated to air travel, the safety of passengers, and the business transactions related to air travel.
Understanding the law requires complete knowledge of FAA regulations, laws related to flight travel, and a thorough understanding of the aviation industry. Aviation law is pertaining to all people involved in the operation and maintenance of aircraft.
Practising the Aviation law may include filing a lawsuit on behalf of the families or persons who have suffered a loss or injury in an aircraft or helicopter tragedy. It also includes defending aviation professionals accused of violating Federal Aviation Regulations.
Most aspects of the aviation law come under the scrutiny of the Federal Aviation Administration (FAA). Both the federal and state government are involved in the creation of air traffic regulation policies and laws.
Under the Federal Aviation Act, there are certain restrictions that prevent the states from regulating routes, services, or airline rates for interstate air transportation.
However, the States are allowed to make changes to the existing remedies and enact state laws that are consistent with the federal mandate.
Moreover, the state products liability law is not preempted by federal law and in most defective product cases the aviation manufacturers are held strictly liable.
What questions to ask an Aviation lawyer before hiring them?
Below mentioned are a few questions to ask an Aviation lawyer before hiring them to represent you.
- Do you have experience handling aviation accident cases?
A lawyer may advertise that they represent or handle all types of cases, but that does not mean they specialize in specific types of cases.
Before hiring a lawyer it is important to ask them their experience in handling specific aviation accident cases and what were their results. The lawyer should have the appropriate experience and skills to efficiently handle an aviation accident case.
- Can you tell me about your background in aviation law?
The more experience the better is the aviation attorney. An attorney with a pilot’s license is great however, he should also have an exceptional background relevant to your case or situation.
There are many types of aviation cases and lawsuits, the attorney you select should have past experience in handling cases similar to your situation.
- Do you belong to any industry-specific trial association?
Getting a membership to industry-specific trial associations has strict requirements. It is not easy for a lawyer to enrol in one of these associations.
Lawyers with a high level of expertise and qualifications can get memberships to such organizations. If you are involved in an enforcement action case it is better to hire an aviation accident attorney who is a member of the National Transportation Safety Board Bar Association.
- Who will be handling my case, you or a staff member or another lawyer?
It is important to determine who would be handling your case and whom you would be working with when the case is on. You should confirm whether the lawyer himself will handle the case or team members. You should hire a lawyer who talks to you personally and does not hesitate to answer your questions.
You need to ensure the lawyer who talks to you, understands your case is the one who represents you. Your case should not be passed on to some other lawyers in the law firm.
- How do you plan to handle my case?
Every case is different and so are the circumstances and facts. Each case needs to be handled differently. The lawyer should study the case in detail and analyze the actions and behaviours of the people involved in the case.
The lawyer should look into the actions of air traffic controllers or analyze the regulations and procedures regarding the case. They should be able to analyze the radar data and listen to radio communications. It is important that the lawyer you decide to hire has experience in such matters.
- How do your fees work?
Most people who are victims of an aviation crash or accident are struggling with their finances thanks to the large medical bills and hospitalization costs.
Most people are not able to take legal help as they are not able to afford it. We at Khashan Law Firm offer to fight your case on a contingency fees basis. Our clients don’t have to pay us till we win the case for them. We recover our contingent fees from the compensation amount received.
What should you look for in an Aviation Lawyer?
While looking for an Aviation lawyer to handle your case, look for someone who has an excellent track record of winning positive jury verdicts for their clients.
The lawyer should be well qualified and experienced to handle aviation accident cases. You should feel confident about the lawyer’s ability to help you receive the best compensation possible.
If you are looking for an experienced aviation lawyer in California contact us at (951) 461-2387 to know more about your legal options.