Who Pays Funeral Costs After Aviation Accidents?
Most of today’s travelers are very comfortable boarding an aircraft for a short flight within the state or even an international flight. We all know the mantra that air travel is the safest mode of transportation. The numbers prove that with only .07 deaths for every billion miles traveled as compared to motorcycles that rack up a hefty 212.57 and 7.28 for cars. But even with that small probability, there are some fatalities each year as a result of aviation accidents. If you are the surviving family member of someone lost in a plane crash or other incident, you are sure to have many concerns and questions about your legal rights, starting with who pays funeral costs after aviation accidents.
Unfortunately, there is no simple or scripted answer to that question or many others pertaining to seeking compensation for the loss of a loved one in an aviation accident in California. However, one question is easy to answer: whom to contact for expert legal representation in a California wrongful death case involving an aviation accident? The wrongful death lawyers at Kenmore Law Group are here 24/7 to provide the information and guidance you need when struggling to sort out the answers to all your questions about liability and compensation for your loss. In addition, we offer a free consultation to help you understand your rights and how to protect the financial future of your loved ones.
Understanding What Can Cause An Aviation Accident
General aviation aircraft and commercial air carriers are all governed under aviation accident law. So basically, any craft that flies is covered under these policies and laws. The most common reasons for aviation accidents are:
- Pilot error
- Defective or damaged aviation equipment
- Breaking the regulations outlined by the Federal Aviation Administration for the safety and proper operation of an aircraft
- Negligence on the part of employees, staff, or the flight crew
- Negligence on the part of a Federal Air Traffic Controller
Only with the help of an experienced California wrongful death lawyer will survivors be able to determine who is liable for the loss of their loved one and pursue a wrongful death case. This litigation is the first step in securing financial compensation for the loss of your family member and expenses like funeral costs after an aviation accident in California.
Understanding Negligence
Establishing negligence is vital in securing a settlement for any California wrongful death case after an aviation accident. Negligence is a legal term for failing to do, or possibly not do, what a reasonable person would do in the same situation. In the case of airline pilots and crew members, this means acting in accordance with industry-standard processes and procedures to ensure the safety of the aircraft and passengers. If someone with a job related to the care of the plane, flying it or repairing or servicing it failed to do their job correctly, they could be found negligent. And any family members of victims of the aviation accident would be justified in seeking compensation from the company or person found negligent.
There are also other types of liability that include product liability and owner or operator liability. Again, if the people involved do not provide reasonable care or duty of care, they can be held responsible for losing your loved one. It is also worth noting that commercial airlines are held to the most strict standards in the aviation industry. So any lawsuit against the carrier would need to be handled by a lawyer, such as the experts at Kenmore Law Group, who have extensive knowledge of the FAA rules and regulations governing commercial aircraft.
Filing A Wrongful Death Lawsuit After A California Aviation Accident
In California, only specified family members can file a wrongful death lawsuit. Those eligible to file suit include:
- Spouse
- Domestic partner
- Children
- Parents and siblings can also file a claim if there is no living spouse, partner, or child
- Financial dependents can also file a lawsuit in some cases
In addition, it is essential to understand that the Statute of Limitations on most wrongful death claims in California is two years from the date of the incident. And there are very few exceptions to this time frame. Therefore, if you and your legal team do not file within the two-year window, you will lose the right to any future claim against the parties you believe to be negligent and liable for your loved one’s death.
Because each wrongful death case is as unique as the people involved, no set dollar amount would be requested to compensate you for your loss. And while you are sure to believe that no amount of money can replace your family member, it is crucial to understand that the settlement you receive will help to avoid future financial issues related to the loss of a loved one. To calculate the potential value of a wrongful death settlement, your Kenmore Law Group team will evaluate many factors, including:
- Your loved one’s earnings at the time of the accident
- Potential promotions and increased earning potential
- Their life expectancy prior to the accident
- General economic trends
- Financial trends related to the profession of your loved one
All of this information is used to estimate the earnings that your family lost when this person was killed. The idea is to avoid as much financial hardship as possible for your family’s future. In addition, other expenses related to the death of your loved one are included, such as:
- Medical bills
- Funeral expenses
- Loss of benefits
Then less tangible items are evaluated, such as:
- Pain and suffering
- Loss of comfort and care
- Loss of consortium
All of this information is taken into consideration as your legal team determines what would be complete and fair compensation for your loss.
How Long Does It Take To Settle An Aviation Accident Wrongful Death Lawsuit?
There is no firm time frame to complete any wrongful death claim. Unfortunately, as one of the more complicated, a wrongful death case due to an aviation accident can be longer than most others. However, it is vital for survivors to understand that the Kenmore Law Group will do everything in its power to move the case and settlement forward as rapidly as possible. We know that you and your family are grieving and need the time to focus on healing and moving forward without your loved one, not stressing about legal action.
We ask that you place your trust in our team of seasoned experts and know that we will act with only your best interest in mind. And we will not be intimidated by the legal representation of major airlines or unions, which could be representing the defendants in your wrongful death case. Allow us to handle these issues on your behalf while you and your family work to manage your loss.
We Pledge Zero Fees
During the time that your wrongful death lawsuit is moving through legal channels, it can be easy to worry about the cost of our services. But please know that the Kenmore Law Group is 100% devoted to defending your rights and securing your total compensation without requesting any upfront legal fees. You have enough stress and concerns managing your grief and loss. And we would never want to add to the complications with bills before our work is complete. We bill for our legal services only after we secure a settlement or win a verdict in your favor.
Have You Been Turned Down By Another Law Firm?
If you have approached other law firms to help you file a wrongful death aviation accident claim, please get in touch with the experts at Kenmore Law Group. We have the expertise, resources, and confidence to take on the cases that many other firms refuse. In addition, we never ask for any payment until we have gotten you paid for your losses. So if another firm requires a retainer or significant fee to take your case, understand that they are not your best choice.
The team at Kenmore Law Group is here to work for you and your family. We want to help you through this difficult time and restore your hope for the future with financial stability. Any firm that wants an upfront payment is focused first on its bottom line and second on its clients. So contact our office today, and you will quickly see why we are the leading Los Angeles law firm handling aviation accident wrongful death cases. We put our clients and their needs first. When we see that justice is served and you have been compensated for the loss of your loved one, we know that we are making a difference in the world. By helping families heal from the devastating loss of a loved one, we are earning much more than legal fees. We are earning respect, loyalty, and a stellar reputation as the law firm that cares about people and justice more than a financial ledger.