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 accident cases involving international flights to and from the United States and entirely within foreign countries. They range 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.
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 are traveling internationally and bought your ticket in the United States, then the Montreal Convention governs your case.
If you experience a plane accident overseas, then you will have questions 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. This will make it easier to find the best jurisdiction for filing a plane crash lawsuit.
Having an attorney who is familiar with both international aviation law and 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. This creates 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 rules with strict liability on the airline in certain cases. This makes 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. Due to this, it is important for you to retain the services of an experienced aviation accident attorney.
With 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 answer all of your questions and provide you with a general understanding of international aviation law.