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Reasons to Need an Aviation Lawyer

Posted On: Friday, July 17, 2020

passanger

Whether your flight is overbooked, you are not offered a refund for a cancelled flight, or even in the worst-case scenario, you are a victim of a plane crash, there are many reasons why you might want to sue an airline.

Especially since so many people have a fear of flying, the fact that something can go wrong in regards to being a passenger on a plane, is horrific.

Despite this, flying is one of the safest modes of transportation, but nonetheless, if you are injured in any way from an airline, you may want restitution.

Where Were You Injured?

Commercial Airlines

If you are flying on a commercial airline, then it is good to know they are governed by the Federal Aviation Administration. The FAA makes sure that all airlines operate under a specific standard of care in relation to their passengers. Essentially, the employees of any commercial airline take on the responsibility to keep passengers safe in flight.

If you bring a case against the FAA, then the court will look into deciding if your injury is due to negligence of the actual airline, or of the employees of the airline.

If the court finds that the commercial airline did not follow its specific standard of care, then you will be able to recover funds for your injury.

Private Carriers

Private carriers are a bit more tricky, but they are also subject to the Federal Aviation Administration.

Private carriers are considered aircraft with less than 20 seats. These private planes are mandated under the General Aviation Revitalization Act of 1994.

This act, known as GARA, places time limits on how long a passenger has to file a lawsuit against aircraft manufacturers. If an aircraft has been in service for more than 18 years, then the manufacturer is no longer liable for any accidents or injuries.

In this case, your only option is to sue the actual carrier.

What Type of Injury Did You Suffer?

Depending on how you have suffered, there are a few different routes you can take with a lawyer.

Physical injury

If you have suffered a physical injury due to flying, then you should definitely hire a lawyer. The airline is subject to either the Federal Aviation Act or the General Aviation Revitalization Act, and you most likely have a case.

Financial hardship

It can be tricky to know if you will win your case due to financial hardship. For instance, if the airline loses your luggage or cancels your flight and leaves you stranded, then you most likely can claim financial hardship.

Despite this, there are specific limitations that you agree to when you purchase your ticket. If you suffer financial hardship due to the unfair actions of an airline, then you may want to contact an aviation lawyer to discuss your case.

Have you been injured onboard a plane or at an airport? Contact a Denver Aviation Lawyer to discuss your situation and find out if you have a chance at winning your case.