Aviation Practice Areas
Aviation Accident Lawyer in California
California is home to two of the country’s busiest airports: Los Angeles International Airport (LAX) and San Francisco International Airport (SFO). In addition to daily commercial flights, there is plenty of aerial work in various industries as well as general aviation to consider, which includes flight students and small plane and helicopter enthusiasts.
When an aviation disaster happens, the injuries are often catastrophic if not fatal. Crash survivors or family members who’ve lost a loved one in a crash can seek damages if the accident was caused by someone’s negligence. The lawyers at Danko Meredith can help you during a difficult time.
For a free and confidential consultation with experienced California aviation accident lawyers, contact our law firm in Redwood City, CA. You can also reach our law office by calling (650) 453-3600.
How Long Do I Have to File an Aviation Accident Lawsuit?
According to California Code of Civil Procedure § 335.1, you have two years from the date of the aviation accident to file a personal injury or wrongful death claim. Once this statute of limitations has passed, you will not be able to file a claim to seek compensation.
After a catastrophic air travel accident, the last thing a family wants to do is start talking with lawyers. Experience shows, however, that an aviation lawyer should be retained promptly, usually within two to three weeks of the plane or helicopter crash, if possible.
Our attorneys can help identify the best option for your situation. We will begin interviewing witnesses and make sure that important evidence (such as the aircraft wreckage) is preserved. The more time that passes, the harder it will be for our aviation disaster attorneys to prepare a strong case.
Different Deadline for Aviation Accident Claims Against a Government Entity
If the plane or helicopter accident claim is being filed against a government agency, you have a much shorter deadline.
According to California Code, GOV 911.2, you have six months to file a claim against a government entity following an aviation accident that caused injury or death. This gives the government a chance to settle the claim out of court.
If the claim is denied, California Code, GOV 911.8 notes that you have just six months to seek a court action after your initial claim was denied.
How Long Does It Take to Resolve an Aviation Accident Case?
It varies depending on the nature of the case, but in our law firm’s experience, most aviation accident cases get resolved in 18 months to three years.
Considering this timeframe, we can resolve aviation lawsuits before the National Transportation Safety Board (NTSB) even issues its probable cause report. This is yet another reason why it’s important to discuss what happened with our attorneys as soon as you can.
Why Choose Danko Meredith for Your Aviation Accident Case
Danko Meredith has handled cases on virtually every type of general aviation aircraft disaster. That includes accidents involving ultralights, light sport aircraft, vintage aircraft, technologically advanced aircraft (such as the Cirrus), private jets, helicopters of all kinds, and even hot air balloons.
Our vast experience with aviation disasters is a major reason why we have a 99% success rate with cases.
Legal Representation by an Active Jet Pilot
Trial attorney Mike Danko is an active jet pilot with more than 4,000 hours as pilot-in-command. He is keenly aware of the safety issues affecting air travel and recreational flight. He has represented clients in major air disasters, both foreign and domestic, for more than three decades.
More Than 120 Years of Combined Experience
With more than 120 years of combined experience, the trial lawyers of Danko Meredith have what it takes to negotiate or litigate any airline disaster in California or abroad.
We’ve represented the families of various airline disasters, including:
- Alaska Airlines Flight 261 (improperly lubricated horizontal stabilator jackscrew)
- American Airlines Flight 587 (design-induced pilot error)
- TWA Flight 800 (explosion of vapor in the center fuel tank due to improper wiring)
- Adam Air Flight 574 (pilot disorientation-fixation on automation)
- Air France Flight 4590 (tire explosion on takeoff)
- Air Philippines Flight 541 (aircraft design defect)
- Comair Flight 3272 (defectively designed de-icing system)
- EgyptAir Flight 990 (mechanical failure of the aircraft’s elevator control system)
Our Bay Area attorneys have also been called upon to testify as experts on U.S. aviation law before the courts of foreign countries.
Successful Results in Numerous Aviation Cases
As our representative cases demonstrate, we are among Northern California’s top law firms. We have obtained millions of dollars in favorable results in aviation accident cases, including a $2.9 million helicopter crash jury verdict and a $12 million fatal helicopter crash settlement.
Some of Danko Meredith’s additional aviation case results include:
- $32 million settlement for families who lost loved ones in the crash of a foreign airliner
- $14.9 million jury verdict against an aircraft engine manufacturer for injuries a passenger sustained in the crash landing of a single-engine aircraft
- $14 million settlement for families of those lost in a crash following a controlled flight into terrain
- $13.3 million jury verdict for the family of a 67-year-old pilot killed in the crash of a single-engine Cessna
- $11 million settlement for a passenger injured in a private jet crash
- $10 million jury verdict for the widow of a pilot killed in a helicopter crash
- $9.75 million settlement for the family involved in the crash of a tour helicopter
- $1.55 million settlement for a passenger injured in a plane crash at Lake Tahoe
A Willingness to Go to Trial Against Corporations
Domestically, we’ve taken aviation cases to trial here in California as well as courts from Massachusetts to Hawaii. We’ve been the choice of judges and attorneys for legal representation, including a lawyer for a former President of the United States.
Our trial record shows that we can take your case to court and win. Even when we’re outnumbered by high-priced defense teams, the team at Danko Meredith can out-lawyer the other side. That reputation means you have more bargaining power during settlement negotiations.
Free Consultations and Contingency Representation
Your first consultation with us is free. This allows you to get sound legal advice without any financial hurdles.
In addition, we operate on a contingency fee basis. We charge nothing up front, and you will pay nothing for our legal services unless we can obtain a favorable settlement or win damages for you in court. If we don’t win, you don’t pay.
Contact Our Aviation Accident Lawyers for a Free Case Review
With Danko Meredith on your side, you have strong advocates for you and your family. Since we do not charge for legal services unless we are successful, you have nothing to lose while we put in the work.
If you were seriously injured while riding in an airliner, jet, small plane, or helicopter, contact our Redwood City law firm today. Our lawyers are ready to help.
An Increased Risk of Commercial Airline Accidents
After a long period of unprecedented safety, airline travel has become increasingly risky. Crew members have become overly reliant on cockpit automation. Novel aircraft designs present new failure modes. After major cuts in the federal government, the remaining air traffic controllers are even more overworked than they were before.
Perhaps most importantly, the Federal Aviation Administration (FAA) has abdicated its duty to regulate aircraft manufacturers, allowing these corporations to self-regulate and self-certify. This is especially true of Boeing.
General Aviation Accidents
Commercial airline accidents tend to get many headlines given the danger to everyday air travelers and the number of lives at risk. Yet there are other aviation accidents to consider, including incidents with helicopters, military aircraft, and general aviation.
General aviation includes any aviation operation other than military flights or transportation for hire. Below are some of the other aviation accident cases we work on apart from airline crashes:
- Agricultural Aircraft Accidents
- Airplane Accidents
- Chartered Jet Crashes
- EMS Helicopter Crashes
- Fixed-Wing Aircraft Accidents
- Helicopter Tour Accidents
- Helicopter Utility Power Line Strikes
- Hot Air Balloon Accidents
- Military Aircraft Crashes
Common Causes of General Aviation Accidents
Some potential causes of general aviation accidents include:
- Controlled Flight Into Terrain (CFIT) – This is when a manually piloted craft accidentally strikes the ground, a body of water, or any other obstacle.
- Scud Running – Scud running is when a pilot lowers altitude to avoid cloud cover and maintain visual. This is a dangerous practice, however, and makes CFIT more likely.
- Improper Maintenance – Poor aircraft maintenance or repair makes mechanical errors and system failures more likely.
- Improper Equipment or Lack of Crew Training – Not having the right tool or the right training could be disastrous in adverse weather or emergency situations.
- Defective or Bogus Aircraft Parts – When parts fail, there’s a serious risk of an aviation accident even if the pilot is experienced and properly trained.
- Air Traffic Controller Error – Air traffic controllers are often stressed, given the hypervigilance required to do the job. Mistakes on their end, however, could be deadly.
- Defective Aircraft Design – As with commercial airliners, flaws in the design or manufacturing of an aircraft could spell disaster for the pilot and any crew on board.
- Contaminated or Improper Fuel – Using the wrong fuel or contaminated fuel can cause engine failure and could contribute to a crash landing.
Potential Injuries from Aviation Accidents
Aircraft crash survivors frequently suffer catastrophic personal injury, such as broken bones, loss of limbs, nerve damage, disfigurement, and severe injuries to the internal organs. Other injuries from aviation accidents include:
- Second-Degree and Third-Degree Burn Injuries – Burns from fuel and electrical wiring can seriously harm skin and other soft tissue, requiring skin grafts and other surgical procedures for treatment.
- Traumatic Brain Injuries (TBI) – Closed and penetrating brain injuries can do serious and long-lasting harm to a person’s cognitive function, psychological well-being, motor function, and overall quality of life.
- Spinal Cord Injuries and Paralysis – Injuries to the back, spinal cord, or neck could result in partial paralysis, paraplegia, or quadriplegia, with severe impact on a person’s mobility, livelihood, and future quality of life.
Loss of Life in Fatal Aviation Disasters
Crashes involving airliners, small planes, helicopters, and other kinds of aircraft are potentially fatal. If a crash victim does not lose their life during the accident itself, they may succumb to their severe injuries after the crash.
In either case, surviving family members can file a wrongful death claim after a fatal accident to hold the negligent party accountable.
Discuss Your Aviation Accident with Our Attorneys in Northern California
Our California aviation accident attorneys understand the causes of aviation accidents and the long-term repercussions they have on people’s lives. This helps us maximize a client’s compensation, noting past and current medical needs as well as long-term health care costs and physical rehabilitation. To set up a free case evaluation with our aviation accident lawyers, contact our Redwood City, CA law firm.
Reasons to File a Lawsuit Before the NTSB Completes Its Report
Sometimes it makes sense to wait for the National Transportation Safety Board to finish its work before deciding whether to file suit. Yet most of the time, waiting for the NTSB to finish is not in the client’s best interests and extends the length of a case.
Here are some compelling reasons to avoid the wait and speak with an aviation disaster lawyer ASAP.
The NTSB’s Findings Are Seldom Unbiased
The NTSB has neither the engineering expertise nor the financial resources to investigate an accident on its own, so it enlists the aircraft manufacturers and other big industry interests for technical assistance.
For example, if a case involves an engine failure, the NTSB will ask the manufacturer of the engine why it failed. The manufacturer seldom blames itself. For this reason, the NTSB’s final reports almost always favor the big industry players.
The NTSB Doesn’t Answer the “Why” Questions
NTSB reports describe what happened without really saying why. But the “why” questions are what matter.
For example, an EMS helicopter crashed and all aboard were killed. The NTSB’s final report concluded that the helicopter’s rotor blades came apart in flight, which was obvious from the outset. It was only our lawsuit that showed that the blade came apart because, months before the accident, a mechanic had botched a repair to the blade, weakening its internal structure.
The NTSB never even interviewed the mechanic involved. Rather, the NTSB was satisfied that it had determined the “cause” of the accident when it figured out that the rotor blade failed. Once it was determined that the blade failed, the NTSB felt that its work was done.
NTSB Conclusions Aren’t Legally Binding
By federal statute, the NTSB’s conclusions are inadmissible in court, so an aviation accident lawyer can’t simply rely on the NTSB to do their work for them. Instead, aviation disaster attorneys must instead conduct their own investigations.
Many clients are surprised to learn that the NTSB has no power to punish sloppy operators or take away their licenses, regardless of what it concludes caused the crash. For most operators, unless there’s a lawsuit, it’s “business as usual.”
NTSB Reports Take Years to Complete
After the accident, the NTSB often says that it will take a year or less to complete its report. In fact, it usually takes the NTSB two to four years, and sometimes even longer. As we mentioned earlier, the NTSB is so slow that if the family begins a lawsuit right away, it often can be settled and sometimes even tried to verdict before the NTSB publishes its findings.
On the other hand, when a family decides to wait for the NTSB’s report before allowing the attorney to start the case, witnesses scatter and important documents are destroyed. The wreckage may end up being scrapped. Worst of all, the statute of limitations may run out on the family’s claim, preventing a lawsuit regardless of the cause of the accident.
Don’t Wait for the NTSB: Contact Our Aviation Accident Attorneys in California
Our aviation accident attorneys in California know from experience that you should not wait for the NTSB report before deciding whether to file a lawsuit. Do not delay. To speak with experienced California attorneys about your aviation accident case, contact Danko Meredith today. You can also request a free consultation by phone at (650) 453-3600.