According to the Federal Aviation Administration (FAA), approximately 2.5 million people travel by air each day in the United States. At any given time, there are about 5,000 aircraft in the sky. While travel by air is statistically safer than many other means of transportation (such as travel by car), accidents can and do happen, and serious injuries or death often result. At the law firm of Grimes Teich Anderson, LLP, our North Carolina and South Carolina airplane accident lawyers can handle these complex cases, as well as litigation involving car accidents, truck accidents, bus accidents, and other motor vehicle accidents.
As with other types of accidents involving injuries or a wrongful death, time is of the essence in both investigating and litigating a claim against an airline, pilot, manufacturer, or other party following a plane crash or other aviation mishap. Many airplane accident cases are pursued on a legal theory of negligence. In other words, your attorney would try to show that the defendant's careless or unsafe conduct directly resulted in your injuries and your related costs and losses, such as medical bills, lost income, and pain and suffering. Personal injury cases in South Carolina, North Carolina, and elsewhere are subject to a strict statute of limitations. This means that, unless a claim is filed in an appropriate court within the time set by the state in which the accident occurred, the claim will be dismissed in most cases.Understanding the Process of Proof in an Airplane Accident Lawsuit
The burden of proof in a personal injury case is always on the plaintiff. This means that an airplane accident attorney in North Carolina or South Carolina must carefully investigate the circumstances surrounding the crash and gather proof that will convince the jury that the defendant is more likely than not to be liable. The process is more complicated than in a car crash case, since planes are far more sophisticated in their operation, and these cases tend to involve a broader range of parties. Eyewitness testimony is rarely available following a plane crash, and, even when it is, expert testimony is typically required in order to help the jury understand the technical aspects of what went wrong.
While many airplane accident cases involve a claim based on pilot negligence or an error at the executive level of an airline, such as making decisions based on monetary concerns rather than passenger safety, some airplane accident lawsuits involve other legal theories. For example, a victim's attorney might bring a product liability claim against a manufacturer of a particular aircraft or aviation product. This would involve showing that the plane or a component contained a defect in its manufacturing or design, and this defect caused the crash in which the plaintiff was injured. The difference between a manufacturing defect and a design defect is that a manufacturing defect is usually a one-time error in how the product was made, while a design defect is an inherent problem with how the product was meant to be made.
Because of the complexity of an airplane or other aviation lawsuit, it is critical that a victim contact a North Carolina or South Carolina airplane accident attorney as soon as possible after a crash or another event resulting in serious injuries or a wrongful death. There is much evidence that must be gathered, and it is very important that someone representing the plaintiff's interests be involved in the investigation as early as possible.Contact an Experienced Airplane Accident Lawyer in North Carolina or South Carolina
Since airlines, their insurers, and manufacturers will spare no effort in trying to avoid liability by any means available, you should make sure to level the playing field by getting an equally experienced and tenacious advocate on your side. At Grimes Teich Anderson, LLP, we can pursue aviation accident cases on behalf of people throughout North Carolina and South Carolina, including victims in Asheville, Franklin, Rutherfordton, Waynesville, Spruce Pine, Greenville, Spartanburg, and Gaffney. To schedule an appointment to discuss your case, call us at 800.533.6845 or contact us online. There is no charge for the call or the case evaluation.