The crash was caused by a mid-air collision between two planes, both of which were operated by the now-closing flight school. In addition, the lawsuit comes after the NTSB (the National Transportation Safety Board) released its preliminary report on the crash. According to the report, the two planes collided nearly head-on.

The lawsuit alleges that nobody warned the man and his instructor that another pair was currently in a flight-instruction session. The other two were flying in the same area at the same altitude.

The Florida Wrongful Death Act

Wrongful death lawsuits are very similar to personal injury lawsuits, but there are some other statutes that apply. Wrongful death lawsuits are not brought against a negligent party by the injured party. They are brought on behalf of an injured party by a representative of the injured party’s estate and/or the injured party’s loved ones. Since the injured party in a wrongful death lawsuit is no longer alive to bring the lawsuit themselves, Florida residents need to file the suit on their own behalf or on behalf of the deceased’s estate.

Florida wrongful death laws are laid out in the Florida Wrongful Death Act. There are two or more separate actions filed. One on behalf of the victim’s estate and others from grieving loved ones.

In the case of the Everglades plane crash, the mother of this man is filing a wrongful death claim for her deceased son, who was twenty-two at the time of his death. When there are no other surviving children, parents of negligently killed adult children may collect damages for pain and suffering. The estate, however, can collect damages for funeral and medical expenses, loss of net accumulations, and loss of potential earnings.

Net accumulations are slightly different from lost earnings. Lost earnings define a period of time during which the deceased is still alive but unable to work. Net accumulations are the total amount the victim would have earned had they remained alive. The jury determines this based on the earning power of the deceased.

In order for this man’s mother to collect on pain and suffering, she must demonstrate to the court that her relationship with her son was sufficiently close to warrant there being a legitimate emotional loss.

The Role of Negligence

In this case, the plaintiff is alleging that the defendants sent up two planes for training sessions in the same area at the same altitude. If this can be demonstrated, then the flight instruction school is responsible for four preventable deaths. That proves negligence right there.

Has Your Loved One Died Due to Another’s Negligence?

If the answer to that question is yes, Miami personal injury attorney, Alan Goldfarb, can help you recover damages. Give us a call at (305) 371-3111 or contact us online, and we can begin preparing your case immediately.

Resource:

nbcmiami.com/news/local/Mother-of-Everglades-Plane-Crash-Victim-Files-Wrongful-Death-Lawsuit-Against-Flight-School-489299991.html

Several passengers suffered minor injuries, some requiring hospital treatment, when they were evacuated from a plane scheduled to leave Chicago for Miami one recent Friday afternoon. The incident arose when an engine in the plane’s wing caught fire after blowing a tire on the runway. The takeoff was aborted and everyone on the aircraft was evacuated, but witness reports indicate that the process was not handled smoothly and it is truly a miracle that no one was seriously injured.

Airplane Accident Causes

Plane accidents seem extremely frightening because of the severity of the accidents; however, many people know (and accept) that airplane travel is, statistically speaking, the safest way to travel. When airplane accidents do occur, they are most often caused by one of the following factors:

• Defective design or manufacture of the plane
• Human error, including pilot, air traffic controller, or flight staff
• Mechanical failure
• Weather/nature
• Sabotage

From Start To Finish

Take-offs and landings are the phases of airplane travel during which accidents are most likely to occur because of various factors, such as the aircraft being close to the ground, moving at slower speeds, and maneuvering around more traffic than when in the skies. In fact, according to statistics gathered during Boeing studies, nearly half of all fatal airplane accidents occur during takeoffs and landings and the ascent and descent associated with each of these phases.

Common Injuries Sustained On Airplanes

An airplane does not have to be in an actual accident for passengers (and crew) to sustain injuries. In fact, a large percentage of all injuries sustained while on a plane occur during a flight due to turbulence. While the turbulence itself is often not the actual cause of the injury, as the pilots do alert passengers to turbulence and request that everyone put on their seat belts, turbulence can lead to injuries when it causes luggage to fall out of overhead bins. Additionally, passengers can sustain injuries while moving about the cabin, from unsecured drink carts, or because of a trip and fall on the way to the lavatory.

Were You Injured During A Flight? Contact Alan Goldfarb, P.A.

If you have been injured during a flight, you may be able to recover for your injuries from the airline or other entities due to their negligence. Seeking the advice of an attorney should be your first step if you find yourself in this situation – never agree to accept any type of settlement without first learning your rights. Our Miami mass transit accident attorneys at the office of Alan Goldfarb, P.A. will review your case to determine whether your injuries were the result of negligence and, if so, identify the negligent parties so you can work towards a full recovery. Contact us today to schedule your consultation at no charge or obligation.

Resource:

wsvn.com/news/us-world/american-airlines-flight-headed-to-miami-catches-fire-at-chicago-ohare/

Commercial Airlines Have the Highest Duty of Care

Airplanes are typically considered common carriers. Florida defines a common carrier as a business that represents to the public that its business is the transportation of people or cargo from one place to another for money. The law places a very high standard of care on common carriers. Under Florida law, commercial airliners have a duty of reasonable care because they are common carriers. The standard of care is increased for commercial airliners because they have a responsibility to ensure that the public can fly safely. Consequently, commercial airlines have the highest duty and the law obligates commercial airlines to be vigilant about the safety of passengers.

Accidents and Airline Crashes Still Occur

Even when commercial airlines are vigilant and take steps to ensure passenger safety, accidents occur. While it is not possible discover the cause of a commercial airline accident, typical causes include:

• Defective landing gear;
• Errors fueling the aircraft;
• Failure to comply with FAA regulations;
• Air traffic control error;
• Pilot error;
• Overloading the plane,;
• Poorly trained staff;
• Defective navigation instruments;
• Poor security screening; and
• Other design defects.

When a commercial airline fails to meet the expected standard of care and passengers are injured, the airline should be expected to compensate victims for their losses. Commercial airlines are required to carry insurance for crashes and accidents on board the aircraft. However, the insurance may not provide the coverage needed to fully recover from an accident. Victims of commercial airline accident may require lifelong physical and psychological therapy. In the case of death, the victim’s family deserves compensation for pain suffering and loss of income.

Victims of Commercial Airline Accidents Deserve Compensation

Commercial airline accidents are rare, but when they do occur they often cause devastating injuries to passengers. Commercial airline accident claims are complex and they require an understanding of state and federal law. Furthermore, it can be hard to determine the cause of an injury. Navigating a personal injury or wrongful death claim involving a commercial airline accident requires the skill of an aviation accident attorney.

Victims of Commercial Airline Accidents Deserve Compensation

If you were injured in a commercial airline accident, you may have the right to compensation for your losses. Alan Goldfarb, P.A. has successful experience in personal injury law and can help you recover compensation. The experienced Miami aviation attorneys at our firm can provide you and your loved ones with advice and counsel on your legal options after a commercial airline accident. Contact us to schedule a free consultation with our office by calling (305)-371-3111.

Private Plane Dangers

Even though plane manufacture, design, and mechanical error can play a part in small plane accidents, many such accidents can be attributed to human error. An amateur pilot may be using a plane he is unfamiliar piloting or be ill-equipped to deal with an emergency situation. The Federal Aviation Administration sets the minimum requirements for those seeking a pilot’s license, but despite the rigorous training pilots undergo, accidents still happen. Not everyone attends an FAA-approved pilot school or takes optional advanced certification classes. While these things may not be required, they certainly increase the possibility of smooth landings and take-offs, particularly when traveling in small, private planes.

Just recently a small plane in southern Florida hit a power line after take-off, resulting in the deaths of the pilot and all three passengers. Flying is a popular hobby in always-sunny Florida and thousands of people enjoy private flights every year and remain safe. It is important to note that not all plane accidents are fatal. A collision on the runway before/after takeoff, pilot negligence, flight service problems, or air traffic control negligence can all contribute to accidents, whether it be a private or commercial flight. A pilot, an airline, and all of the ground crew members have a legal duty to act reasonably and competently in performing their duties. If for any reason they fail to do so, and you suffer injury or death as a result, they may be held liable.

Miami, Florida Aviation Accident Attorneys

Utilizing mass transit makes you susceptible to the possibility of catastrophic accidents. Although you made a decision to participate in a certain mode of transportation, that does not mean that you lose your legal rights. Death or serious injury can result from aviation accidents, which may result in people facing steep medical bills, rehabilitation, permanent disability, wage loss, or loss of enjoyment or life. When a passenger is injured on a commercial or private airplane due to someone else’s negligence, the injured individual may be able to recover these expenses by filing a lawsuit against the proper people. The experienced Miami aviation attorneys at Alan Goldfarb P.A. will explore every possible avenue for recovery to ensure you receive the maximum compensation you are entitled to by law. Contact our Miami, Florida-based office to learn more about your rights today.