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My mom died as a passenger in a commuter plane crash. Can we, or her estate, be compensated for her pain and suffering in the final seconds of her life as the plane was going down?
Possibly. Aviation law is a very complex area and has been in a state of flux for the past 10 to 15 years. As it stands now, compensatory damages are supposed to pay a victim for the losses suffered because of the harm caused by a wrongdoer. So, first you would need to prove that someone was at fault for the accident, such as the pilot, the owner, a mechanic, the designer or manufacturer of the plane, etc.
Once liability is established, victims of airplane accidents are entitled to collect two types of compensatory damages under the laws of most states. Injured passengers or the families of decedents can usually collect full economic damages. Economic damages include medical expenses and lost wages/lost earning capacity suffered by those who are injured or who have died. The families of those passengers who were killed can recover economic damages for the lost support no longer provided by the deceased loved one. Most states also allow for the recovery of what are called “non-economic” damages for a loved one who perished in a domestic plane crash, which may exceed economic damages. Non-economic damages include the loss of care, comfort and society they have suffered due to the loss of their relative.
In answer to your question, some states do allow the families to recover damages for the decedent’s pain and suffering for the time the person consciously suffered before dying. It is difficult to prove that the passengers on board an aircraft knew the plane was going to crash and for how long. The FAA conducts an investigation into every plane crash to determine why the plane went down and as many of the details about the crash as possible. Information from this investigation, including the black box, if it is recovered, may help to prove your claim for your mom’s pain and suffering. Please note that a few states have enacted laws to limit accident victims or their families with regard to recovery of non-economic damages. In those few states that impose such limits, the limit per victim is often in the vicinity of $250,000 to $500,000. States with such limits will usually still allow victims’ families to recover the full amount of their economic damages. Since this is still a constantly changing area of law, it is imperative that you seek out an attorney who either specializes in aviation law or is very knowledgeable about aviation litigation. |
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