Will A NJ Plane Accident Lead To A Wrongful Death Case?
This week, a Cessna 337 Skymaster crashed at the Monmouth Executive Airport killing all five male passengers, including one child. The Federal Aviation Administration and the National Transportation Safety Board are investigating the crash to determine if the fatalities occurred due to a defective airplane part, maintenance, or other factor. Witnesses at the scene saw the rear tail of the plane break off. A report by the Star Ledger said the accident happened less than ten minutes after the plane’s take-off.
If a defective part of the aircraft or maintenance issue caused the plane crash, the immediate family members can file a wrongful death lawsuit for negligence. Immediate family members are considered to be a spouse, parents or child. In some cases, the manufacturer, distributor and owner can all be held accountable for an aviation accident.
Damages in a wrongful death case are for pain and suffering, funeral or burial expenses, loss of present and future earnings, and medical expenses. Additionally, the family member can be compensated for loss of service, companionship, and for love and affection that the deceased member gave to the family.
Each state has a time period during which the lawsuit can be filed. Each state has its own statute of limitations. The statutes of limitations that apply are those for the state in which the accident occurred.
Any type of serious accident that involves a plane, truck, motorcycle, or car should be handled by a personal injury lawyer. Most lawyers don’t charge a fee unless the case is settled. The attorney fee is deducted from the amount of the award the family member receives. A majority of wrongful death and personal injury cases are settled out of court, which spares the family from having to sit through days of testimony about their loved one’s death.
No amount of money will bring the loved one back, but it will at least help the family prepare for the future.
Monheit is the managing lawyer at Monheit Law, outside Philadelphia, Pennsylvania. He has practiced law since 1989. Michael Monheit was the managing attorney of the law offices of Herbert Monheit — now Silverman and Fodera — a firm founded by... Michael Monheit→
