A total of 406 fatalities occurred in U.S. civil aviation in 2015. This is according to the latest statistics by the U.S. National Transportation Safety Board. This may not seem like a lot of fatalities, but there are a lot of grieving family members who won’t see their loved ones again.
Airplane accidents that result in fatalities may result in a wrongful death lawsuit. A wrongful death airplane accidents lawsuit is a legal claim seeking compensation for the untimely death of a person. The claim is filed by the person’s family members on behalf of their deceased loved one.
A wrongful death claim is a type of personal injury lawsuit. A personal injury lawsuit allows an accident victim to recover damages from the person or company who caused the accident. Damages include:
1. Funeral and burial expenses
2. Lost wages
3. Lost of companionship
Personal injury lawsuit places the burden of proving liability on the plaintiff. The plaintiff is the family members suing the wrongful party. A plaintiff seeks to prove liability and not guilt because a civil court doesn’t find a wrongful party guilty. They are liable or financially responsible for causing the accident.
The civil law only requires a plaintiff to prove by a preponderance of the evidence the wrongful party is liable for the accident. This means the defendant in the cause more than likely was liable for the accident. This is a lesser burden to prove than criminal court. A prosecutor must prove beyond a reasonable doubt a person is guilty.
A wrongful death airplane accident claim is not easy to prove. First, the family must determine who was responsible for the accident. It is easy to assume that the airline was responsible. However, that isn’t always the case. The family’s lawyer must investigate to determine the cause of the crash, and who is liable.
While working on a settlement, their lawyer will also be working on proving the case in court. A settlement is a legal agreement between the plaintiff and defendant to avoid going to trial. A plaintiff receives money from the defendant in exchange for not pursuing the lawsuit. The defendant doesn’t have to admit liability.
Proving a wrongful death claim at trial involves showing the defendant owed their loved one a legal duty to protect them. It also involves showing the defendant’s negligence was the cause of the accident.
Zanes Law is available to help families who have lost their loved ones in a fatal airplane crash. No amount of money can bring a loved one back. However, obtaining compensation from the wrongful party provides financial justice. This means the company or person who caused the airplane crash is held responsible for the loved one’s death in civil court. Zanes Law has assisted numerous families to achieve a favorable outcome such as a settlement or trial verdict. Let Zanes Law help your family with your airplane accident lawsuit.
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