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Washington Personal Injury and Aviation Accident Frequently Asked QuestionsThe following information includes frequently asked questions about litigation involving aviation accidents, personal injuries and wrongful death. The answers are general in nature, and are not intended to apply to every related situation. Each case is different and carries its own set of circumstances which must be taken into consideration by competent legal counsel. By contacting Krutch Lindell, you can receive a personal consultation regarding your specific situation, whether it arises out of an aviation accident or some other event. What is Personal Injury? Personal injury is any physical or mental injury to a person that results from another person's negligence or harmful act. Personal injury involves civil law cases as opposed to criminal law cases which involve a defendant and the State of Washington. What financial compensation can I recover in a personal injury claim? Accident victims are entitled to recover monetary damages for all losses and expenses suffered from the accident. Depending upon the particular circumstances of your case, damages may include recovery for any of the following:
I have been contacted by the insurance company for the airline company. They want me to give a tape-recorded statement about how the accident happened. What should I do? You should not make any statements about the accident to anyone until you talk to a lawyer. The insurance company representatives who make these calls are trained professionals and their purpose in calling is to obtain information that will help them in case there is a lawsuit. They will likely ask questions designed to produce answers that will undermine your legal position while improving theirs. You may believe that you know exactly how the accident happened, but the limited point of view of just one of the participants rarely tells the whole story. You should tell the insurance company your attorney will respond to them - then hire a lawyer who specializes in the type of personal injury situation in which you were involved. Your attorney will discuss the facts with you in detail and conduct an independent investigation, responding on your behalf only after all the facts are in hand. I was injured in an accident and I'm getting swamped with doctor bills. What should I do? One of the particular benefits of hiring a qualified personal injury lawyer is the breadth of experience and expertise in locating applicable insurance coverage. Your lawyer will advise and assist you in filing claims. If you have no applicable health insurance of your own, your lawyer may be able to persuade health care providers to defer payment of medical bills in exchange for a lien against your personal injury case. This involves having you sign a lien form, which is then delivered to the health care provider. The lien form is irrevocable and directs your lawyer to pay the medical bill directly from the proceeds of your case before distributing any money to you. Under what circumstances can a wrongful death occur? Wrongful Death Law provides financial compensation to the family of a person whose death was caused by the negligent, willful or wrongful act of another. Wrongful death cases are filed as a result of a variety of situations, ranging from aviation accidents, to motor vehicle accidents, to name just two. Who can file a wrongful death lawsuit? A wrongful death case alleges that the deceased victim was killed as a result of the negligence or other wrongful conduct of the defendant, and that the victim's immediate family members are entitled to financial compensation for losses sustained as a result of the defendant's conduct. Most wrongful death actions are brought by the surviving spouses and children of the victim, and sometimes, by the victim's surviving parents. Pecuniary (financial) injury is the main way damages in wrongful death cases are calculated. Courts interpret "pecuniary injuries" as including the loss of support, services, lost prospect of inheritance and medical and funeral expenses. Punitive damages may also be awarded in cases of serious or malicious wrongdoing to punish the wrongdoer and to deter the wrongdoer and others from engaging in similar misconduct. What is brain injury? Differing areas of the brain control the various mental and bodily functions that each of us experience. In severe trauma cases, as are often found among the survivors of aviation accidents, one or more areas of the brain can be temporarily or permanently injured. There are possible potential consequences of brain injury, but a list of the more common would include:
Damages in a brain injury case can be difficult to quantify. Some require short-term or long-term rehabilitation therapy, while some are permanent and require lifetime care. How do I know if I need an attorney? If you have been seriously injured in an accident of any sort you should, as soon as possible, consult with an attorney with experience and expertise in the type of case your injury involves. Make sure this is done before you give any statements or sign papers of any kind. All civil actions are subject to Statutes of Limitations. These are laws that establish a time period for the filing of lawsuits, and any claims not filed within the time limit are completely forfeited, no matter how serious the injury and no matter how strong the claim. The Seattle, Washington personal injury lawyers of Krutch Lindell can advise you concerning the applicable statute of limitations for your injury case. Can't any personal injury lawyer handle an aviation accident case? Technically, the answer to that question is yes. Any licensed attorney has the legal authority to handle any type of case, but there's more to it than that. Any licensed physician has the legal authority to treat any type of disease, but you would not consult a kidney specialist about a broken leg, and you should be equally discriminating in selecting your lawyer. Aviation accidents have a variety of causes, including pilot error, air controller error, improper maintenance of the aircraft, manufacturing defects in the aircraft (Products Liability) and many others. Aviation accident cases may be simultaneously subject to federal laws such as the Death on the High Seas Act and to the laws of one or more states. They may also be subject to International Treaties and International Agreements such as The Warsaw Convention, the Montreal Agreement, and the like. Aviation accidents are investigated by various agencies, including the FBI and the National Traffic Safety Board (NTSB), and effective representation of an aviation accident victim requires intimate familiarity with the rules and procedures of these agencies. Aviation accident lawsuits will often be decided, to large extent, on investigations by the FBI and the NTSB, and it is critically important that your attorney know how to obtain copies of their reports and other documents in order to effectively prepare your case for trial or settlement. If your case involves an aviation accident, you should not hire any attorney unless you are satisfied that he or she has a depth of experience and expertise in aviation law. If you or someone you know in Seattle, or throughout the State of Washington, needs the assistance or trusted legal advice of an experienced aviation accident personal injury lawyer, please contact Krutch Lindell today at 866-435-1794, or complete the contact form provided on this site to schedule your free initial consultation. |