Where a case is tried depends on jurisdictional facts. An aircraft crash case can be in federal or state court. The usual analysis depends on the citizenship of the parties. If the defendants all live in states that are diverse from the plaintiffs, federal court may be available. If not, the case is usually in state court.

The most important, yet technically demanding, legal aspect to resolve in aircraft accidents is which law to apply or “choice of law.” The 50 states all have different laws that pertain to injuries that occur inside their borders, and some states make it harder to recover than others. For aviation accident cases the law of several states may apply since modern aircraft can cover great distances in a short period of time. For example, a flight from New York to Los Angeles will overfly more than ten states. If the flight crashes while flying over Kansas, the following state laws could possibly apply:

• Kansas law since the crash occurred there
• New York law since the flight departed there
• California law since the passengers lived there
• Washington law since the plane was built there
• Pennsylvania law since a passenger bought his ticket there

Courts generally do not apply the law of the crash site, since the location of the crash is considered somewhat random given the nature of aircraft transportation.   

Because the choice of law is often unclear, determining the statute of limitations for an aviation accident can be complicated. States with the shortest statute of limitations typically give at least two years to file claims; however, shorter deadlines may apply. Contact an experienced aircraft litigation attorney to sort through the facts of a particular case and best define the statutes of limitations.

An injured party can file a lawsuit before an investigation is completed by the National Transportation Safety Board (NTSB). However, a settlement rarely occurs until after the NTSB arrives at a conclusion. The NTSB has primary jurisdiction over the investigation. The NTSB may determine a cause of an accident, but such a finding is not always the basis for a civil lawsuit because it can be swayed by politics. However, the facts determined during the investigation can be used by both sides to help build their cases.

Immediately following an aviation accident, the National Transportation and Safety Board (NTSB) undertakes an investigation to determine the cause of the accident, which normally takes no less than a year. During this time, the victims and surviving family members can begin their lawsuit by hiring an experienced aviation crash law firm. The firm will then file the lawsuit with the court and serve papers to the defendants. Once the attorneys for a defending party enter their appearance, they have an opportunity to file a response to the case. Both parties then move in to discovery, which is a phase of the case where the investigation progresses and depositions are taken. After discovery, a trial or mediation will be scheduled. Because of the complexity of these types of cases, it can take months to years to come to a resolution.

Financial damages that are recoverable in an aviation accident are governed by the state’s law that is applied. Generally, damages for medical bills, economic losses, funeral bills, pain and suffering, disfigurement, and disability are sought by victims of aircraft accidents. Unfortunately, not all states allow these types of damages, so plaintiff attorneys will try to apply the law most favorable for their clients and defense attorneys will try to do the opposite. In cases of international travel, certain treaties will affect what can be recovered.

Any passenger injured from an aircraft crash may file a claim against responsible parties. In the case of death, the family or appropriate class may bring a wrongful death suit.

In an aircraft accident, potential liable parties are the air carrier, the pilot (if a private aircraft), the manufacturer of the aircraft, the manufacturer of aircraft components, the Federal Government (if there was air traffic control issues) or the owner of other aircraft if there is a collision between two or more aircraft. If there is pilot error, and the pilot does not survive the accident, a claim may be made against the pilot’s estate.