Airplane Accidents

Aviation accidents are overwhelming tragedies. If you've lost a relative or are a survivor of an aviation accident, this article provides you with general information that may be useful following an accident.

The available assistance to survivors and family members following an accident depends upon the type and location of the accident. Assistance may be more limited for smaller accidents and for accidents occurring outside the United States.

Airline Response

Major air disasters occurring in the United States may involve a complex interplay of state and federal law, and sometimes international law. Under federal law, the Family Assistance Act sets out certain post-accident requirements which airlines must follow, such as:

• Setting up family support services, including grief counseling and support
• Designating individual caregivers to assist each family
• Working with families to identify and return remains and possessions
• Setting up a communications network with families

Considerate treatment by airlines shouldn't be interpreted as an admission of liability, nor should it soften your desire to claim all damages against them.

Although the Family Assistance Act doesn't apply to general aviation (non-carrier) accidents, smaller commuter and commercial air operators may have their own assistance response plans. In addition, the Red Cross or state-based agencies may become involved.

Financial Assistance

Financial assistance may be available from a variety of sources, including life insurance proceeds and possibly workers' compensation benefits.

In certain situations, airlines have agreed to provide (without delay) a pre-determined advance payment to injured passengers or, if deceased, payment to their estate. Advance payment won't be treated as an admission of liability, and may later be used to offset subsequent damages paid by the airline.

Financial institutions may also contact you offering to make a loan secured by anticipated proceeds from your claim. While most people are honest and trustworthy, some unscrupulous individuals may try to take advantage of you, especially when you are emotionally and financially vulnerable. If you're considering making arrangements for advance payment, it's a good idea to first have an attorney review the terms and conditions involved.

Communications

Depending on the type of accident, you may be contacted by:

• Law enforcement agencies
• The National Transportation Safety Board (NTSB)
• Representatives of companies who may be involved in the accident
• Representatives of insurance companies
• Lawyers who represent victims of accidents
• Lawyers who represent the parties involved in the accident
• The news media

Preserving your legal rights (and your personal right to privacy) may depend upon your ability to correctly identify anyone who wants to talk with you and to deal with them appropriately. Persons who contact you should clearly identify themselves and who they represent or work for. Unless the contacting person is with law enforcement or otherwise participating in the accident investigation, you can (and probably should) refuse to talk with them. You may refer them to your attorney if you have one.

Attorney Solicitation

In major airline accidents, federal law prohibits attorneys (and their employees and agents) from making unsolicited communications to any survivor or relative of a deceased person until 45 days following the accident. This law applies to lawyers representing victims and attorneys representing potential defendants and their insurance companies, and applies to indirect contact (such as by mail or email) as well as direct contact. If you believe an attorney violated this prohibition, you may report them to federal authorities and the state bar association.

In addition, state law may prohibit certain types of attorney solicitation, regardless of whether or not the solicitation arises out of a major airline accident. For example, many states prohibit unsolicited in-person or telephonic communication. You can contact your local state bar association for more information on the attorney solicitation rules in your state.

Robert F. Hedrick is an aviation accident attorney practicing in Seattle, Washington. He is a principal with The Hedrick Law Firm, and can be reached at Hedrick@air-law.com

Related Resources on lawyers.com