Posts Tagged ‘wrongful death airplane’

California Airplane Accident Lawyer Explains Wrongful Death Claims

Tuesday, June 8th, 2010

If you have lost a loved one in an airplane accident in California, you may be entitled to file as a claimant in a wrongful death lawsuit. Airplane accidents can have devastating effects on the families of those that perish in the accident. Losing a loved one unexpectedly can have a traumatic effect both emotionally and financially on a family. While a lawsuit will certainly not turn back the clock and prevent your loss, it may help ease the financial burden that you and your family are facing now and for the foreseeable future.

Airplane travel has become much safer than it once was, however accidents do still happen on a regular basis. When they happen, they are frequently caused by either pilot error or mechanical failure. Statistics tell us that at least half of all airplane accidents can be attributed, at least in part, to pilot error and/or mechanical failure. If either pilot error or mechanical failure were to blame in your loved one’s accident, then you may have a valid California wrongful death lawsuit, says California airplane accident lawyer Emery Ledger of Ledger & Associates. Under California law, if your loved one’s death was caused by the negligence or misconduct of another person or company, then you may be entitled to file as a claimant in a wrongful death lawsuit. Negligence is a legal terms that essentially means fault or blame. So what does filing as a claimant in a wrongful death lawsuit mean to you?

As a claimant in a California wrongful death lawsuit, you may be entitled to compensation for loss of future income, loss of household support and loss of affection, support, consortium and many other losses that you have suffered as a result of their untimely death. The California wrongful death statutes are intended to protect surviving victims from the huge financial burden that is thrust on them when they unexpectedly lose the financial and emotional support of a loved one. If you were dependent on the decedent financially, emotionally or practically, then you may be entitled to recover compensation for the loss of that support. Through a wrongful death lawsuit, you can receive compensation that will help support you and your family in the future. In a wrongful death claim, the court will take into account the amount of support you received from the decedent before their death and calculate what you could have reasonably expected to receive throughout the normal life expectancy of the decedent (or you – whichever amounts to less time). If the decedent did not contribute financially to the family, but contributed to the household, that support can also qualify for compensation in a wrongful death claim.

You owe it to yourself and to your family to pursue whatever legal remedies are available to you to see that your family is secure for the future. If you have any additional questions or would like a free and confidential detailed evaluation of your potential California wrongful death airplane accident case, please contact the California airplane accident law firm of Ledger & Associates at 1-800-300-0001 or visit their website at www.ledgerlaw.com.

California Aviation Attorney Discusses Legal Options for Plane Crash Victims

Tuesday, May 4th, 2010

Most of us have heard that traveling by airplane is statistically the safest form of travel. While this conclusion is highly debatable, it does seem as though we don’t hear as much about plane crashes as we do about car crashes or even train collisions. Typically, the only time we really hear about or pay attention to a plane crash is when a large commercial jet crashes. Luckily, that doesn’t happen all that often. So how often do airplanes crash and how many people are injured or killed each year in plane crashes? What can you do if you have been injured in a plane crash?

The Aircraft Crashes Record Office (ACRO) based in Geneva collects aviation accident statistics for accidents on airplanes throughout the world that are capable of carrying more than six passengers. According to ACRO, during 2009, there were 122 aviation accidents causing 1,103 deaths. Looking back over the past decade, those statistics appear to be fairly average. For instance, the year before, in 2008 there were 156 accidents with 884 deaths and for 2007 there were 147 accidents causing 971 deaths. The years 2000 and 2001 had the highest number of accidents with 189 and 200 respectively with each year showing over 1,500 deaths as a result of those accidents.

Statistics for the United States are compiled by the Transportation Safety Board (TSB). According to the TSB statistics, since the beginning of 2010, there have already been 112 fatalities as a result of aviation accidents here in the United States. These statistics clearly tell us that aviation accidents happen more frequently than most of us realize. What makes these statistics worse is that the chances of surviving an airplane crash are considerably less than surviving a car or a train accident.

If you have been involved in an airplane accident, or if you have lost a loved one due to an aviation accident, then you may have legal options that you can pursue. Airplane crashes, much like car accidents, are governed by the laws of negligence. Negligence claims require that four basic elements be met to prevail: duty of care; breach of that duty of care; causation; and damages. In the case of an airplane accident, it is safe to say that as a rule the pilot and/or airline had a duty of care to the passenger that was injured or killed. If, for any number of reasons, the pilot or the airline breached that duty of care and that breach was the cause of the injuries or death, then they may be found to have been negligent. If either the pilot or the airline – or both – are found to have been negligent, then you will be entitled to compensation for any injuries that you suffered as a result of the accident. In the case of a fatal injury, the surviving members of the decedent’s family may be entitled to compensation for wrongful death. There may be other defendants that were also culpable in the accident such as the air traffic controller or the manufacturer of the airplane. In the State of California, as in many other states, more than one person, or entity, can share the responsibility in an aviation accident claim.

If you have been the victim of an aviation accident or have lost a loved one due to an aviation accident, please contact California aviation attorney Emery Ledger of Ledger & Associates for more detailed information about your legal options. He can be reached at 1-800-300-0001 or you may visit his website at www.ledgerlaw.com.