Our New York Airplane Accident Attorneys Help Win Compensation
Airplane Accidents in New York City
To imagine an airplane accident is to think the unthinkable. Few tragedies are as heartbreaking and utterly inconceivable as an airplane crash. Too often, victims’ families are left reeling, inadequately cared for by the airlines, and unsure of where to turn.
Sadly, most airplane accident victims lose their lives in the catastrophe. Those who are fortunate enough to survive endure horrific emotional trauma, and their physical injuries are typically severe.
Fortunately, aviation accidents are very rare. Modern aviation is supported by remarkable advances in science, and these developments have rendered the likelihood of catastrophe extraordinarily low.
But airplane accidents do happen — almost always as a result of preventable negligence. Crashes can occur in major commercial jumbo jets or in private, single-engine aircraft. They happen on runways, during takeoff, while in the air, and while landing. Determining the exact cause of a crash can be difficult, but it is always worth the effort. Victims and their family members deserve compensation from the negligent parties.
As New York airplane accident attorneys, we understand the immense sorrow and devastation that these terrible tragedies leave in their wake. Our practice is designed to recover maximum financial compensation for victims or their families while still allowing the family to grieve. Our goal is to shoulder the burden of litigation so that you can continue to honor your loved one’s life.
No one deserves to suffer the shock and hardship of an aviation accident alone.
We offer a free consultation to discuss your individual situation and determine the best way to move forward with your case. Call us today to get started.
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How Our Airplane Accident Lawyer in NYC Works for You
Why Choose Kaplan Lawyers?
Airplane accidents are complicated, and it’s important to have a lawyer you not only feel comfortable with but who has the qualifications to get the results you need. Here are some reasons why we think Kaplan Lawyers PC is your best choice:
- We have more than 30 years of experience with a wide range of vehicle accidents. Attorney Jared S. Kaplan started his career in litigation and uses that knowledge in the representation of his clients in complex matters such as airplane accidents.
- We get results, such as the $1.35 million we won in a car accident settlement, and you can read our client testimonials that show how.
- We handle all legal paperwork and court appearances required by NY law.
- We deal and negotiate with insurance companies, who often try to deny or minimize claims, so you won’t have to.
- We are recognized in and give back to the community and have won awards that include the AVVO Rating for Excellence in Personal Injury and the Top 100 Settlements for personal injury from Topverdict.com.
- We offer free initial consultations to get you started.
- You pay us nothing unless we win and you get your money.
When you have Kaplan Lawyers PC working for you, you no longer have to file forms, deal with insurance companies, or worry about whether you’re being taken advantage of. We will take care of all aspects of your case, so that you can concentrate on recovery and your family.
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What Our Airplane Accident Lawyers do to Help You
Our legal team has decades of experience and a proven track record of maximizing settlements, and we are in the best position to ensure that you get everything you are entitled to. When you hire us to represent you after an airplane accident, we will:
- Meet with you to discuss how the airplane crash happened, who the responsible parties may be, the best location to file your case, and how much your case should be worth.
- Investigate the crash and gather evidence. Aviation accidents are subject to a thorough investigation by the federal National Transportation Safety Board (NTSB), and aviation insurance companies will also conduct an investigation. Our attorneys will begin our own investigation to gather pilot information and secure aircraft registration and logbooks, pilot logbooks, and Federal Aviation Administration (FAA) or NTSB incident reports.
- Interview witnesses, police officers, and first responders to get all available information.
- Hire experts to reconstruct the accident and testify as to all parties who might have been at fault, including the pilot, flight operator, aircraft manufacturer, manufacturer of parts, and maintenance personnel.
- Hire experts to testify as to how the accident affects your life, and that of your family, and the costs that resulted, as well as projected costs into the future.
- Negotiate with insurance companies and their attorneys to fight for a fair settlement on your behalf. If the insurance company denies your claim, we can appeal it and fight for a positive resolution.
- Build your case and present it in front of a judge or jury if your case goes to trial.
We will be there for you throughout the entire legal process, addressing your concerns and keeping you informed.
Airplane Accident Lawyers Deal With Challenges
Airplane accidents are complicated and bring challenges that go beyond those of ordinary personal injury or wrongful death cases. One reason is that there are often multiple defendants and insurance companies involved.
Airlines are liable for the negligence of their employees, including pilots, safety inspectors, flight attendants, and others. Likewise, the government may be responsible for the failures of air traffic controllers, FAA officials, or regulatory authorities. Manufacturers can also be held accountable for defects in the construction of the plane or its safety and testing procedures. In addition, according to the FAA (FAA FAR 91.3), the pilot in command of an aircraft is directly responsible for the operation of that aircraft and may be liable for a crash if negligent.
Airplane accident lawsuits usually name airline companies, airports, major aircraft manufacturers, and/or the federal government as defendants. This means that plaintiffs face an uphill battle, because of each of these parties is remarkably well-armed with a giant team of lawyers and an effective shield of red tape.
That’s why it’s so important to hire an NYC aviation accident attorney with an experienced understanding of aviation accidents. Victory in these cases is not impossible. Indeed, juries are often extremely sympathetic to the plaintiffs and inherently skeptical of corporate bigwigs. But the spectacular complexity of these cases demands that you have seasoned legal minds on your side.
Investigations into aviation accidents tend to become extraordinarily sophisticated. At Kaplan Lawyers PC, we work with industry experts who can leverage their experience and credentials to help you understand the investigation as it’s in progress and to showcase the results in a way that bolsters your claim for compensation.
The defendants will try to evade their full scope of responsibility under the law. But by hiring experienced New York aviation accident attorneys, you can hold them accountable.
Never accept a settlement offer from an airport, airline, manufacturer, insurance representative, or any other party or official without talking to an attorney first.
If you have received such an offer, it almost certainly represents far less than the full amount to which you may be entitled. Contact the New York airplane accident attorneys at Kaplan Lawyers PC right away.
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Damages Our Airplane Accident Attorneys May Win
In a successful lawsuit, our airplane accident attorneys may win a monetary award, called damages, for the injuries that resulted from the crash. In New York, damage awards usually fall into two categories: compensatory damages, for economic and non-economic losses; and punitive damages, to punish someone for extreme wrongdoing.
Economic Damages — cover your monetary losses for costs and expenses that result from the accident, such as medical and therapy bills, lost earnings from being unable to work, and any property damage.
Non-economic Damages – are for damages which do not have a specific dollar value but negatively affect your life, such as pain and suffering, mental and emotional anguish, diminished quality of life, physical disfigurement and scarring, PTSD, and loss of consortium and enjoyment of life.
Punitive Damages – In some rare cases, punitive damages may also be awarded to punish a defendant who acted in an especially reckless or egregious manner and to deter such behaviors in the future.
If the crash caused a fatality, damages in wrongful death claims include funeral and burial expenses, loss of future salary the victim would have earned in their lifetime, and loss of inheritance, financial support, love, care, and companionship. Punitive damages may also be available in certain circumstances. Depending upon the circumstances, damages may be recovered for the victim’s pain and emotional suffering even for the short time prior to or during the crash.
Airplane Accident Lawyers Must Prove Negligence
To win your case, our airplane accident lawyers must prove negligence legally by showing the following elements:
- Duty: The defendant had a duty not to cause harm.
- Breach: The defendant breached this duty by actions or failure to act.
- Cause: This breach caused your injuries.
- Damages: You suffered actual damages as a result.
Since airplane accidents have multiple potentially negligent parties, our Kaplan legal team will seek to identify them all, as they all may have assets and insurance that can go toward a settlement.
Airplane Accident Lawyers Determine What Your Case is Worth
There are a wide range of settlements possible in an aviation case, and judgments may reach into the millions of dollars. The value of your individual claim will depend on factors that are unique to your case, including:
- The severity and permanence of your injuries
- The cost of your medical and rehabilitation treatment
- Your lost income and out-of-pocket costs
- The emotional trauma you may have suffered
- Your age, earning capacity, and family situation
- The availability of insurance coverage and assets of the defendants
- Whether a wrongful death was involved.
New York does not have a damage cap for personal injury cases. The more permanent and severe the injury, the more your monetary costs, the greater the impact on your life, the higher the recovery may be. Our Kaplan airplane accident attorneys will examine the factors involved to determine an approximation of what your lawsuit should be worth.
Our New York Airplane Accident Attorney Answers FAQs
When dealing with the repercussions of an airplane accident, you are bound to have questions. While everyone’s situation is different, the following are some general answers to common questions our New York airplane accident attorneys are often asked:
Is there a deadline for filing a case?
Yes, and in aviation cases, the deadline varies depending on where the airline accident occurred. New York has a statute of limitations, a deadline for filing personal injury lawsuits. According to the law (New York Civil Practice Laws & Rules section 214), the deadline is 3 years for a personal injury claim; for a wrongful death, the claim must be brought within 2 years from the date of death. There are a few exceptions, but if you miss the deadline the courts are likely to dismiss your case.
How long will my case take?
Cases involving general aviation accidents can generally take anywhere from one to three years to complete, and those involving commercial airline crashes may range from six months to five years to complete.
Where can families file a lawsuit for an airplane crash?
International airline crashes are governed by the Warsaw and Montreal Conventions and the IATA agreement, so generally a lawsuit can be brought in the victim’s home country, the airline’s home country, the destination of the flight or the place where the ticket was purchased.
A lawsuit for a domestic airline crash can usually be brought in the victim’s home state, in the place where the airplane crashed, or where the airline has its main office.
Our airplane accident attorneys can determine the most advantageous place to bring a lawsuit.
Is there a cap on damage amounts families can recover for airline accidents?
There is no arbitrary limit or cap on damages for domestic airline accidents, and there is not usually a damage cap for international commercial airplane accidents. While international airline crashes are governed by the Warsaw and Montreal Conventions, international treaties that limit damages, almost every major airline has signed the International Air Transport Association (IATA) agreement that voluntarily waives limitation. The agreement also provides for a minimum payment to each passenger’s family.
Why should I hire an airplane accident attorney?
When you hire a NY airplane accident attorney, you will benefit from their experience and expertise. You receive legal advice about what you should and shouldn’t be doing and saying following the crash. The airline, insurance company, or their attorneys may contact victims or their family members and attempt to gather information from them that may help minimize or deny claims or defend a potential lawsuit.
By hiring an attorney from the start, you can have your attorney deal with all issues and prevent your being manipulated by investigators trying to obtain taped or written statements. Never give statements, sign any documents, or accept money or other benefits from them without first speaking with your attorney.
At Kaplan Lawyers, count on us to answer your questions and deal with your concerns throughout the entire legal process. Call us today to get started.
Call Now (516) 399-2364
Call the New York Airplane Accident Attorneys at Kaplan Lawyers PC
For days, weeks, months, and even years after an airplane accident, the healing process can be arduous and slow. Sometimes, grieving family members are tempted to forsake their legal rights in order to spare themselves the rigors of a lawsuit or trial.
Your rights matter too much for you to give up on them. We understand your concern, though. At Kaplan Lawyers PC, we will work tirelessly to assume as much of the burden as possible. You’ll be informed and in control, but the headaches and legal battles will be ours to fight for you, according to your wishes.
Our goal is to maximize your financial compensation and help you move toward the best possible tomorrow.
Family members of deceased accident victims are entitled to compensation under New York wrongful death law. Airline and airport employees who are injured in the line of duty may be entitled to compensation pursuant to workers’ compensation. Survivors of aviation accidents, meanwhile, may be able to seek substantial recovery under New York personal injury law. Whatever your situation may be, our office can help.
We do not charge for our services unless and until there is a successful outcome in your case. Time limits apply when filing these claims, though, so please do not delay.
Contact our office to set up a free consultation with our New York airplane accident attorneys today.
Attorney Jared S. Kaplan
Attorney Jared S. Kaplan has focused his career on advancing his legal knowledge though the day to day practice of law. Jared is a partner in the law firm of Kaplan Lawyers PC in Syosset, New York and has been a practicing attorney for nearly 20 years. His career started in litigation, so Jared is aware of the pitfalls in litigation and uses that knowledge in the representation of his clients in complex matters. [ Attorney Bio ]