If you or a loved one has been involved in an aviation accident, you’re likely facing one of the most overwhelming moments of your life. The emotional and physical toll is immense, and dealing with medical bills, lost income, or even the loss of a loved one adds an extra layer of stress. While healing and piecing your life back together are top priorities, it’s crucial to understand that the clock is ticking if you’re considering legal action.
Aviation accident claims fall under specific legal requirements, including something called the statute of limitations. Knowing and respecting this time limit can determine whether you’ll have the chance to pursue justice and compensation for your losses.
The Statute of Limitations for Aviation Accident Claims in California
California law outlines that the statute of limitations for filing a personal injury claim related to most aviation accidents is two years from the date of the accident. This time frame applies if you’re pursuing compensation for medical expenses, lost wages, emotional distress, or other damages caused by the accident.
However, if the aviation accident tragically resulted in the death of a loved one, California’s wrongful death statute applies. This also gives you two years from the date of the accident to file the claim on behalf of the deceased.
Special Circumstances in Aviation Accidents
While the two-year rule applies in most cases, there are specific circumstances that could alter these deadlines:
Accidents on Government-Owned Aircraft:
If the accident involved a government-owned or operated aircraft, the process to bring a claim gets more complicated. Instead of the standard two-year window, you generally have six months to file an administrative claim with the government agency responsible for the aircraft. If this claim is denied, you’ll have only a limited window of time to file a lawsuit.
Discovery Rule for Delayed Injuries:
Injuries sometimes manifest weeks or months after the accident. Although uncommon in aviation cases, the "discovery rule" may allow the statute of limitations to start from the date you discovered your injuries, rather than the date of the crash. This rule, however, has strict conditions, and it’s important to act swiftly, even if your injuries seem minimal at first.
Claims Against Airlines Operating Under Federal Law:
Many aviation accidents involve commercial flights or planes that cross state or international boundaries. Federal aviation laws, like the Montreal Convention, can come into play depending on the case. These international rules might set different time limits, often around two years.
Given the complexity of overlapping state, federal, and even international laws, consulting with an experienced attorney is essential for ensuring you meet all deadlines.
Why Acting Quickly Is Critical
Two years might seem like a long time, but in legal terms, it’s not. Aviation accident claims typically involve large-scale investigations, numerous parties, and extensive evidence collection. Acting promptly benefits your case in several ways:
1. Preserving Evidence
The aftermath of an aviation accident is highly complex. Black box data, maintenance records, and crash scene evidence must be analyzed. Waiting too long can make collecting or preserving this critical information harder.
2. Identifying Liable Parties
Aviation accident claims often involve multiple liable parties, including airlines, aircraft manufacturers, maintenance companies, and air traffic controllers. Investigating and identifying every responsible party takes time, especially when large corporations or government entities are involved.
3. Respecting Victims’ Rights
Survivors or families of victims deserve closure, and pursuing legal action can help ensure responsible parties are held accountable. Filing a claim quickly enables you to fight for compensation and protects the rights of any other potential victims.
How a Personal Injury Attorney Can Help
Aviation accident claims aren’t like typical car crash cases—they’re governed by a complex mix of state, federal, and potentially international laws. This is why partnering with an experienced personal injury attorney is critical. Here's how they can help:
1. Determining the Applicable Statutes
An attorney will look at all aspects of your case to determine which laws and deadlines apply. They’ll consider whether it’s a personal injury case, a wrongful death claim, or subject to special rules like the Montreal Convention or government immunity laws. Knowing these specifics can save you from costly mistakes.
2. Handling Investigations
Building a strong case requires gathering substantial evidence, such as witness statements, maintenance logs, air traffic communication, etc. Attorneys work with aviation experts and investigators to accurately understand what happened and who’s at fault.
3. Meeting Deadlines
Missing a filing deadline could be devastating for your case. A personal injury attorney will ensure all paperwork is filed on time, regardless of how tight or complex the timeline might be.
4. Navigating Insurance and Negotiations
Airlines and other defendants often have massive legal teams and insurance companies working to limit their liability. Without legal help, you might feel overwhelmed or pressured into accepting a lowball settlement. A trusted attorney will negotiate, ensuring you’re treated fairly.
5. Providing Peace of Mind
Dealing with the aftermath of an aviation accident is emotionally and physically draining. By entrusting legal matters to a skilled attorney, you can focus on healing while they fight for your rights.
Los Angeles Aviation Accident Lawyers
If you or a loved one has been involved in an aviation accident in California, it's crucial to act swiftly to protect your legal rights. At Robins Cloud LLP, our experienced attorneys in Santa Monica are dedicated to helping you navigate the complexities of aviation accident claims. We understand the importance of timely action and are here to guide you every step of the way. Contact us today at (800) 691-2363 to schedule a consultation and learn how we can assist you in pursuing the compensation you deserve.