Aviation Accidents: Selecting a Good Lawyer

Aviation accidents take many forms, from major air disasters to small general aviation accidents. Regardless of the type of accident, you'll want to select the most competent aviation accident attorney who will work with you closely and meet or exceed your expectations.

Timing

During times of heightened emotion, you may not be in the best frame of mind to make decisions about pursuing your legal rights. There have been situations where unscrupulous attorneys took advantage of vulnerable victims still dealing with the grief process, by contacting them and attempting to sign them up shortly after the accident. In addition, some attorneys want to immediately file a lawsuit, but this may be a strategy for their own benefit, and not yours. Be wary of unsolicited contacts and attorneys who want you to quickly sign them up.

There is no need to rush to hire an attorney. When you feel that enough time has passed after the accident, and you are emotionally ready, then begin the process. Once started, take your time and select a good aviation attorney. However, don't wait too long, because all claims are subject to a "statute of limitations," which is the time period within which you must file suit or your claims will be barred.

Attorney Solicitation

Don't be surprised if you receive a lot of unsolicited material from attorneys located throughout the U.S. This is how some firms get their cases. They may even try to set up a meeting or propose reduced fee arrangements. Be wary of unsolicited contacts. Even though some firms may be legitimate, others may not be experienced aviation accident attorneys. Furthermore, unsolicited direct contact (in-person or by telephone) may violate the rules of professional conduct for attorneys in your state.

Who Selects the Attorney?

In wrongful death cases, laws vary from state to state as to who has standing to bring a lawsuit on behalf of the deceased and the family members. In many states, the personal representative (executor or administrator of the deceased estate) has standing to bring the action on behalf of the deceased and family members. The personal representative may work with family members in selecting an attorney.

What Type of Attorney Should I Hire?

The field of aviation law is very challenging and complex. Inexperienced attorneys can be lost in the complex web that may be woven by international law, admiralty law, the interplay of state and federal substantive and procedural law, and federal aviation laws and regulations. In addition, a working understanding of aircraft operation and mechanics is a must.

You should hire an experienced aviation accident attorney. Experience means that they have successfully handled aviation accident cases for many years, especially the type of case that you have, be it a major air disaster or general aviation case such as a helicopter accident.

Experience as a pilot or mechanic is very helpful, especially in cases dealing with pilot error, negligent maintenance or product defect. Remember that the potential defendants will hire experienced aviation accident attorneys, and so should you.

What Should I Expect from My Attorney?

You have every right to expect the most from your attorney. At times you will need to closely work with them. Your attorney should handle your case in a professional manner, and keep you fully informed of all pertinent developments. In addition, your attorney should schedule time for in-person meetings, and should promptly return all telephone calls and emails. Attorneys who are too busy with too many cases may not be able to give you the personal attention you expect, and may have their assistant or secretary communicate with you.

Is the Retainer Agreement Negotiable?

Like many agreements, the fee agreement between you and your lawyer is negotiable. During your attorney evaluation process, you should review and discuss the proposed terms and conditions of representation.

Attorney Fees

Typically aviation attorneys enter into a contingency fee agreement, where they take a percentage of the money received after the case settles or after a verdict at trial. This percentage may be negotiable with some attorneys, but not with others. In any event, keep in mind that aviation accident law is a specialty practice. Attorneys who handle these cases understand the risks and costs involved. Where some cases may settle early, other cases may be litigated for years with the attorney investing substantial time and money through trial and possibly into appeal.

Expenses

In most states clients must remain ultimately responsible for the case expenses, even though the attorney can advance those expenses until the case is resolved. Expenses may be significant because they may include:

• Expert witness fees
• Travel/lodging/meal costs
• Exhibit expenses
• Depositions
• Other trial preparation expenses

You may want to clarify the scope of expenses, and require your pre-approval of the more costly expenses. In addition, if the attorney represents more than one client in the same aircraft accident, the agreement should allocate common expenses to each client on a pro rata basis.

How Do I Find and Select an Aviation Accident Attorney?

Aviation accident attorneys are not hard to find. They are located in all major cities, and in some smaller cities. You can:

• Search lawyers.com
• Ask other lawyers
• Check with the state, local, and trial lawyers bar associations
• Search the Internet
• Even look in the yellow pages

In selecting an attorney, it's a good idea to interview more than one and compare qualifications, credentials, services and the terms and conditions of representation.

Robert F. Hedrick is an aviation accident attorney practicing in Seattle. He handles aviation cases throughout the Western U.S. and in Alaska. He is a principal with The Hedrick Law Firm, and can be reached at hedrick@air-law.com.

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