Milwaukee Aviation Accident Lawyers
Victims of aviation accidents often have legal rights that are best protected with the help of an experienced Wisconsin aviation accident attorney. Aviation accidents are more common in the United States than many people realize. According to the National Transportation Safety Board (NTSB), the preliminary 2008 statistics reveal almost 3300 aviation accidents in U.S. aviation during 2008 that resulted in more than 1125 deaths. These accidents involve airplanes and helicopters.
For the families of the fatally injured victims and for the survivors who suffered physical injuries, the recovery period is often difficult and typically expensive. A Wisconsin aviation accident lawyer can help families hold the proper defendants liable for the damage which they caused and seek to recover compensation for their injuries.
How a Wisconsin Aviation Accident Attorney Can Help You with Your Claim
If you have been hurt in an aviation accident or you are grieving the loss of a loved one who died in an aviation accident then it is important to contact an experienced Wisconsin aviation accident attorney for a free consultation. At your consultation, your Wisconsin aviation accident lawyer will review the facts of your case and your injuries to determine if you have a potential lawsuit. You only have three years from the date that you incurred the injuries or your loved one died to file a lawsuit so it is important to contact an attorney as soon as possible.
Airplane accidents and helicopter crashes typically lead to civil lawsuits and more often than not an entity is found liable for the injuries caused in an accident. An experienced Wisconsin plane crash attorney can identify which entity or entities should be sued. Potential defendants include the airline carrier, airplane manufacturer or owner of the helicopter or airplane.
Typically, an airline carrier or helicopter company will be sued for negligence. Pursuant to a negligence claim, a plaintiff must prove the following in order to recover damages:
- The defendant owed a duty of care to the victim. Anyone who operates, manufactures or repairs an aircraft, helicopter or airplane has a duty of care to passengers and crew members. Commercial airlines and helicopter companies owe a higher duty of care than privately chartered aircraft to passengers and crew members.
- The defendant breached its duty of care by failing to act like a reasonable person would have acted given the circumstances.
- The defendant’s breach of its duty of care caused the victim’s injuries that would not have happened but for the defendant’s conduct. For example, it is not enough that a person was hurt onboard an aircraft. If the person suffered a heart attack that he would have otherwise suffered then the harm did not occur because of the defendant’s conduct. However, if the victim was killed when the airplane caught fire than the injuries may be attributable to the defendant.
- The plaintiff is entitled to damages because the above three elements of negligence were met.
Victims may also file product liability claims against the airplane or helicopter manufacturer if they believe that their injuries were caused by a problem with the design, manufacturing or warnings of the airplane, helicopter or any of its components.
The legal procedures are the same whether a pilot or manufacturer is sued. Your Milwaukee plane crash lawyer will file a complaint in state court identifying the defendant and explaining the allegations. The defendant will answer the complaint and the parties will engage in formal discovery. The parties may settle at any time. If the parties do not settle the case then the case will proceed to trial.
Victims of Aviation Accidents May Recover Damages
In most cases, the amount of damages is not capped by state or federal law. Victims may recover damages for things such as medical expenses, funeral expenses, lost income, and pain and suffering. Damages may be capped for victims of some international flights pursuant to the international agreements known as the Warsaw Convention and Montreal Protocol. Also, wrongful death damages may be capped as well. Your Wisconsin plane crash attorney will advise you on the potential damages that may be recovered in your individual case.
Contact Pasternak & Zirgibel – Experienced Wisconsin Plane Crash Attorneys
The experienced Milwaukee aviation accident attorneys of Pasternak & Zirgibel understand how important a lawsuit is to you and your family. We know that the airplane or helicopter accident caused you and your family emotional and financial harm and we are committed to zealously representing you so that you may hold the proper defendants liable and seek financial damages for your injuries.
Our firm of Milwaukee airplane accident lawyers represents clients throughout the state of Wisconsin including in Milwaukee and the surrounding areas such as Cudahy, West Allis, West Milwaukee, South Milwaukee, Whitefish Bay, Wauwatosa, Shorewood, Franklin, Glendale, Greendale, Greenfield, Oak Creek, Washington County, Racine County, Waukesha County, Jefferson County and Ozaukee County.
We invite you to call us at (262) 785-0802 or to fill out our online contact form. We would be pleased to provide you with a free, no obligation consultation at your convenience. Our firm is committed to representing those who have been harmed by others in Wisconsin airplane and aviation accidents and we will not collect a fee unless you recover damages.