Lose a Loved One in a Plane Crash Overseas?
Contact Our International Aviation Accident Attorneys Today
Although travel on commercial airlines is widely considered to be a very safe way to travel, there is always a risk that an accident can occur. When traveling internationally, whether it is to or from the United States or entirely within foreign countries, a plane crash case may be governed by a international treaties, by U.S. law, by foreign law, or by a combination of laws. There are often both complex technical issues and complex legal issues involved in an international aviation accident case, so hiring an experienced attorney is extremely important. No amount of money can replace the loss of a loved one, but brining claims against the party or parties responsible for the accident may be the best way to hold a negligent party responsible and the best way to secure the necessary future financial support for the victim’s family.
Commercial aviation accidents often require complex, expensive and time-consuming investigations in order to determine the cause or causes. Often, there is not an easy path towards determining what caused the crash and who may be responsible. With decades of aviation litigation experience, our attorneys know how to conduct a thorough investigation and are up to the task of handling international aviation cases. Our attorneys have handled cases involving tragic accidents involving international flights to and from the United States and entirely within foreign countries, ranging from Venezuela to Peru to Brazil to Guyana to Nigeria to Thailand to Turkey to Russia. After suffering an injury or losing a loved one due to a plane accident overseas, our international aviation accident attorneys are here to help you regain a portion of your life by seeking financial compensation.
Can I Hire a U.S. Attorney for an International Plane Accident Case?
Yes, and particularly if you are a U.S. citizen or resident. The U.S. is a party to an international treaty known as the Montreal Convention. If you were engaged in international travel and either bought your ticket in the U.S. or had part of your itinerary begin or end in the U.S., your claim may be governed by the Montreal Convention. Under the Montreal Convention, the place where the accident happened is not necessarily where legal action must be filed.
In any case when an American citizen is involved in a plane accident overseas, it is natural to have questions about the differences between domestic and international litigation and about where and how a legal claim can be made. And regardless of whether you are an American citizen or resident, there may be a basis to bring your claim in the United States based on the airline involved, the route of travel, the type of aircraft involved, or where the maintenance of the aircraft was performed. Our international aviation accident attorneys have the experience to answer your questions and provide the advice you need. In addition, our attorneys have developed a strong international network, making it easier to find the best jurisdiction in which to file a plane crash lawsuit.
What Makes International Litigation for Plane Crash Cases Unique?
Having an attorney who is familiar both with international aviation law and the complex technical aspects of aircraft accident investigations is crucial for your case. One aspect making international litigation for plane crash cases unique involves the role that international treaties may play. For example, under the Montreal Convention, you do not always have to prove that the pilot or airline was negligent or at fault for a crash. In an appropriate case, this makes it easier for the passenger or the passenger’s family to provide evidence that you were harmed, creating an opportunity to file a suit against the airline. If an accident occurs on an international flight, then you are likely not at fault for your own injuries. Proving the airline or pilot is at fault can also be difficult, because technical expertise may be needed to understand what went wrong. The Montreal Convention places what is known as “strict liability” on the airline in certain cases, making it easier for a passenger or passenger’s family to recover damages.
Although strict liability makes it easier to bring a claim suit against the airline, there are tradeoffs to this under the Montreal Convention. For example, if the Montreal Convention governs your case, then there are limits to the amount of damages you or your family can receive. You or your family would not be able to recover punitive damages against the airline, for example. Along with punitive damages, another highly contested area of international aviation law involves the ability to recover damages for mental trauma or distress. The law governing this issue can vary depending on whether an international treaty applies or the law of a U.S. state applies or whether the law of a foreign country applies. This can be a highly contested subject in your case, making it important for you to retain the services of an experienced aviation accident attorney.
At Colson Hicks Eidson, our attorneys have an international reputation for success in these types of complex cases. We have represented clients involved in accidents on domestic airlines, ranging from American Airlines to Pan Am Airlines to Eastern Airlines, and on a wide variety of foreign airlines, ranging from Gol Airlines to Asiana Airlines to Turkish Airlines.
Need Experienced International Aviation Accident Attorneys? Call Us Today
With unique governing legal issues and complex jurisdictional issues, international aviation cases require victims to have strong legal representation. Our international aviation accident attorneys have the relevant experience to succeed in international aviation accident cases.
If you or a loved one are interested in filing an international aviation accident lawsuit, then contact Colson Hicks Eidson today at (305) 476-7400. You can also contact us online and send us an outline of your case. We will do our best to answer all of your questions and provide you with a general understanding of international aviation law.