Airplane crashes may be rare, but when they happen, the consequences are almost always devastating. Whether the accident involves a private jet, commercial airline, or chartered aircraft, surviving family members often have painful questions. Especially when the crash was preventable. Families in Arizona may have legal options if negligence, recklessness, or even product failure caused the death of a loved one, and understanding your rights in cases of wrongful death in aviation accidents can be an important first step toward justice.
Filing a wrongful death claim can help families seek accountability and pursue financial recovery for their losses. If you’re facing this kind of tragedy, it’s essential to understand your legal options in cases of wrongful death due to aviation accidents and take steps toward protecting your rights.
What Is a Wrongful Death in Aviation Law?
In Arizona, a wrongful death happens when someone dies because of another person or company’s actions, whether it was on purpose or by accident. When it comes to plane crashes, wrongful death claims typically involve issues such as mechanical problems, errors by air traffic controllers, or defects in the aircraft’s design, construction, or maintenance.
Sometimes plane crashes happen because of bad weather or a pilot’s mistake, but many could have been prevented. That’s where legal claims come in. Families may be able to take legal action if pilot or crew errors, poor maintenance, defective parts, mistakes at the airport, or violations of aviation rules caused the crash.
After a crash, the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) investigate what happened. They examine the wreckage, review flight records, and inspect maintenance logs. Their reports can be substantial in building a wrongful death case. These cases often involve multiple companies and follow both state and federal regulations. It is imperative to work with a lawyer who understands aviation law and knows how to prove who was responsible.
Who Can File a Wrongful Death Claim After an Aviation Accident?
In Arizona, some family members have the right to file a wrongful death lawsuit leading hazard if a loved one dies in a plane crash. This usually includes the person’s spouse, children, or parents. If none of them are alive or able to file, the person in charge of the estate can file on their behalf. Arizona has strict rules about who can file and how long they have to do so, so it’s crucial to act quickly to discover whether you’re allowed to file suit.
There are two types of legal claims that may happen after someone dies: a wrongful death claim and a survival action. The deceased’s surviving family files the wrongful death claim. The lawsuit or claim focuses on the losses they face—like emotional pain, loss of support, and missing their loved one. A survival action is different. It’s filed on behalf of the estate of the person who passed away and covers things they could have sued for if they had lived, like medical bills before they died.
Who Can Be Held Liable in a Plane Crash Death?
Plane crashes usually aren’t caused by just one thing. There’s often a mix of problems that come together. Determining the identity of the responsible party is complicated. Depending on what happened, a few different people or companies might be held legally accountable, like:
- Airlines or private aircraft owners
- Aircraft or parts manufacturers (under strict liability)
- Maintenance crews or contractors
- Air traffic controllers
- Airport staff or aviation services providers
- Charter companies or flight schools
If a plane crash happens because of a malfunction in the plane—like a broken engine or a bad navigation system—the injured party has a product liability claim. This means the company that made the part could be held responsible. In these cases, you don’t have to prove they were careless—just that the part was defective and helped cause the crash.
Some aviation accidents result from human error. Mistakes made by air traffic controllers or poor pilot training may point to negligence by an airport authority, airline, or flight school. In some cases, maintenance records reveal problems that happened during regular inspections or repairs. These are indicators that the crash could have been prevented.
The type of aircraft matters in these cases. Private and commercial plane crashes follow different rules, but families can still file wrongful death claims for either. Since these cases are complicated, it helps to have a lawyer who understands personal injury law and how it applies to plane crashes.
Damages Available in Aviation Wrongful Death Lawsuits
Families who file a wrongful death claim after an aviation accident may be entitled to compensation. They could pursue money for several types of losses, such as:
- Funeral and burial costs
- Medical expenses incurred before death
- Lost income and benefits
- Loss of household services
- Loss of companionship, guidance, and care
- Loss of consortium for a surviving spouse
- Survivor’s emotional pain and suffering
Wrongful death claims can help families deal with both money problems and emotional pain after losing someone they love. While money can’t bring that person back, it can help cover expenses such as medical bills or funeral costs and provide the family with some support.
In Arizona, families usually have two years from the crash date to file a claim. However, if the case involves a government agency, such as air traffic control or a federal airport, the deadline may be shorter. You may also need to provide early notice before filing a lawsuit.
That’s why you should talk to a lawyer as soon as possible to protect your rights and get help with your case.
Speak With an Aviation Wrongful Death Attorney in Phoenix
Aviation accident claims in Arizona are complex, often involving overlapping state, federal, and international laws. If you have lost a loved one in a plane crash in Arizona, the path forward may feel overwhelming. However, you do not have to navigate it alone.
The attorneys at Triumph Law Group have extensive experience handling wrongful death in aviation accidents. Our team will review the evidence and coordinate with investigative agencies. That will help you and us determine who may be liable for your loved one’s death. Call 602-595-5559, or contact us online, to speak with an attorney today.
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