What Families and Injured Passengers May Face After a Fatal or Serious Aviation Accident
When a flight ends in death or serious injury, families often hear two legal terms. A wrongful death claim is brought for the losses the survivors suffer because someone died. A survival action is a claim the person who died could have brought, which continues after death on behalf of that person's estate. Who may bring each, and what each covers, depends on the state's law. The site's page on aviation wrongful death claims explains these in more detail.
Depending on the state, the categories of damages the law may allow can include economic losses, such as medical expenses and lost income, and non-economic losses, such as pain and suffering or loss of companionship. Whether any of them is available, and in what form, depends on the state's rules and on what the evidence shows about duty, breach, causation and harm. An accident, however terrible, does not by itself prove anyone's fault.
Limitation periods, which are the deadlines for filing a lawsuit, differ from state to state, as do rules on shared fault and limits on damages. The place of the accident, where people lived and where a case is filed can each affect which law governs. The site's aviation accident lawyer hub explains how these layers fit together across the United States.
After an accident like this, the records that usually matter include medical and death records, the airline's and any incident reports, the NTSB's factual docket, tickets and booking confirmations, letters from the airline or insurers, and the names of witnesses. Because § 1154(b) keeps NTSB reports out of a civil damages case, the evidence a family's case relies on comes from the facts themselves rather than from the NTSB's conclusions.
If you lost someone on flight 5342 or were hurt on another PSA Airlines flight, a conversation with our attorney can cover which state's deadline may apply, who the possible parties are, and how the investigation record fits in. You can request a case evaluation when that feels right.