Aviation Law Facts

If an aviation accident has affected you or the life of a relative, the right legal expert can help you sort through your concerns. Should you hire an attorney, LawCapital is here to provide you with the financial resources you need during the sometimes lengthy litigation process.

Aviation law is divided into more specific categories, so it is important that a claimant clearly define his/her concerns before meeting with an attorney. Is the lawsuit about a personal injury? Is the lawsuit about property loss or damage? Was the aircraft involved a commercial airline, military transport, or general aviation craft such as a small, private plane?

Air travel is much like maritime travel, in that it often takes passengers and cargo across international lines and into other jurisdictions. To more clearly define how disputes are handled, an international agreement was made in 1955. Known as the Warsaw Convention – not to be confused with the Warsaw Pact, a defense treaty among Eastern European nations – this set of rules mandates the issuance of passenger tickets, baggage claim tickets, the time limit for bringing a lawsuit, and the highest amount that can be claimed for damages. A similar agreement, made in 1999 and known as the Montreal Convention, will replace the Warsaw Convention upon ratification by all states.

Experience

Unfortunately, few commercial airline accidents end as happily as the Hudson River water landing of US Airways Flight 1549 after multiple bird strikes in January 2009. All 155 passengers were rescued with few injuries. This positive outcome is credited to the experience and control of veteran pilot Capt. Chesley B. “Sully” Sullenberger.

More often, mishaps involving aircraft result in major injury and loss of life. Sometimes they remain a mystery, such as the June 1, 2009, disappearance of Airbus Flight 447 en route to Paris from Rio de Janeiro, Brazil, with 228 people onboard. Fifty bodies were discovered as of June 18, 2009, and all are presumed dead.

Military aircraft accidents often involve helicopters, and it is imperative that your attorney has experience with military lawsuits. Private plane and aircraft accidents often do not fall under the common carrier umbrella, so it is important that your attorney understand the regulations involved in the operation of the particular aircraft.

Action

Many people that are involved in aviation accident lawsuits eventually face financial hardships. Many can’t work and the legal process is long and drawn out. Some cases take many years to resolve. LawCapital specializes in the funding of settled and pre-settled aviation crash lawsuits. During the funding process, LawCapital requests some of the case documentation, underwriting evaluates the lawsuit to determine whether funding can be extended, and if approved, a contract is issued for the injured party and his/her attorney to sign. The injured party’s attorney then repays the lien when the case is resolved. All funding is non recourse, which means that if for any reason, there is no recovery on the case, then no money is owed back.