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Aviation accidents, while less common than car accidents, can happen when they’re least expected — and they have the potential of leaving the victims with fatal or life-changing injuries. When an airplane suffers a failure or another complication leading to an accident, one of the first questions you may ask yourself is how you’ll be able to recover comfortably.
An aviation accident can be scary for the victims and their families, which is why our team at Valley Law Accident and Injury Lawyers is standing by to provide legal aid, which can make the claim or litigation process easier to manage. Our skilled aviation accident lawyers have years of experience representing people like you who have endured injuries and other lasting damages from an aviation accident. Call (801) 810-9999 to speak with a trusted member of our team or contact us online to schedule a case review.
Working through the steps of an insurance claim alone can leave an aviation accident victim with many unanswered questions along the way, and creates ample opportunities for an insurer to take advantage of their lack of previous experience. In Utah, both an independent aircraft operator and a commercial company will need aviation insurance to protect themselves and the passengers on board. Your Utah aviation accident attorney can help you understand what the best course of action is for your situation; insurance claim, litigation, or both!
Working with an attorney from Valley Law Accident and Injury Lawyers means having:
After experiencing an aviation accident, a victim may be left with injuries, damaged property, or complete losses. That’s not the end of the road though, because with the help of a passionate legal team like Valley Law Accident and Injury Lawyers, you’ll have experienced professionals fighting for the recovery of your assets and compensation for your recovery journey. There are two main types of damages that can be recovered after an accident, economic and non-economic, and these categories exist to separate how the damage affected the sufferer.
This type of damage is categorized as verifiable monetary losses with a set price. Economic damages typically make up the majority of a settlement amount because this category accounts for expenses like medical bills, the cost of continued treatment, damaged possessions, and lost wages. When you are trying to determine if something is an economic loss, ask yourself if you can name a price or if there is an attached bill. If the answer is yes, you are looking at an example of economic damage. An attorney can help you calculate the value of economic damages to compare with what the insurance adjuster presents, protecting you from lowball offers in the long run.
Non-economic damages are considered the opposite of economic. This category accounts for damages and losses with unverifiable, objectifiable amounts. After any type of accident, some long-lasting trauma can linger, leaving the victim with a whole other kind of recovery process. Non-economic damages generally include things like emotional scarring, loss of a partner, pain and suffering, and loss of enjoyment. This type of damage is usually harder to recover because of the unsolidified compensation rate, which is why an attorney can be an essential tool in recovering a comprehensive settlement, especially if you believe non-economic damages can be fought for.
Before you can begin recovering damages from an aviation accident, it is critical that you properly assess who was at fault for the resulting damage. Because many separate entities share the responsibility of maintaining the proper function of an aircraft, it can be more complex than initially assumed to place blame on a single person or entity. That being said, there are a few parties that are more likely to hold responsibility than others, and that’s because of the hands-on or full-scale liability they are subject to.
The operator of a personal aircraft holds a lot more independent responsibility over the proper functioning capabilities of their plane than a commercial pilot who works under a company. This means there are fewer people working on the maintenance of the plane. Oftentimes, a failure can be due to the operator’s negligence or unfortunate overlooking of important details. Even though these airplane owners must have aviation insurance, that doesn’t mean it will comprehensively cover the cost of their damages, but an aviation accident attorney can advocate for a settlement that leaves you recovering comfortably.
Both personally and commercially owned planes can have accidents caused by part failure. When a parts manufacturer is at fault for an aviation accident, it can be difficult to find substantial evidence without the skills and resources of an attorney. To take on a parts manufacturer, additional experts may need to be called on for investigative purposes as solid confirmation of part failure will need to be recorded. Our passionate team is dedicated to the best interests of every one of our clients, and we can take on not only personal flyers and airlines but third-party companies too.
In a commercial flight accident, the victims will likely start by dealing with the airline’s insurance company. Every passenger will be asked to give a statement, and this will set the stage for that claimant’s settlement process. You’ll be asked to reveal some information about the events of the accident, and an attorney can help you understand what you need to say, what you want to say, and what few things you should never say. The large nature of these claims can make the process drag on. An attorney can also help you speed up this process as commercial flights have many claimants looking to recover a settlement. Thankfully, in 2021, reports found that major airlines had a fatality rate of 0.0 per 100,000 hours of flying.
The process of filing a claim for aviation accidents is not much different from filing any other type of personal injury claim in Utah. Although, as Utah is a no-fault state, in most other types of accidents a victim would strictly work with their own insurance company. Because aviation liability insurance is generally required in Utah (minimum of $100,000), this opens up a whole new door for filing a personal injury claim. The claim process itself can range in severity and complexity, but a Utah aviation accident attorney can make it seem easier regardless.
After an accident occurs, one of the first things you’ll want to do after receiving medical attention is file an insurance claim. To do this, you may need additional information from the airline or aviation insurance company, but an attorney can help you sort all of those fine details out so you can focus on what really matters – healing! In most cases, the longer you wait to file a claim, the weaker your case becomes because you lose that sense of urgency. Be sure not to neglect to take this initial step in a timely manner.
After the initial claim has been opened and the investigation of the accident has wrapped up, you’ll need to file a formal declaration of damages that records every injury and piece of damaged or unsalvageable property. This is an extensive list, so it can be easy to cut corners and ignore small details in the name of convenience, but an attorney from Valley Law can ensure that your declaration is comprehensive. Your attorney will even forward the paperwork to the insurance adjuster so you can avoid further communication with thee other party.
Once your declaration has been received, the insurance adjuster will send over an acceptance or rejection statement for the damages listed. This is when the insurer may begin to lowball the value of your claim or try to make you jump through hoops for your settlement in an effort to exhaust you and save some pennies. An attorney can be a valuable ally through the negotiation process, as having a professional speak on your behalf can eliminate the risk of falling for common insurance traps that leave you walking away with less than you had the possibility of recovering.
If you’ve been in an accident, finding the right representation can be an impactful step that protects you in more ways than one. Aviation is a passionate hobby for many, and the team at Valley Law Accident and Injury Lawyers is here to protect people like you in the event of an unforeseen accident. Navigating the claim process can be confusing and overwhelming at times, but with the team at Valley Law, you’ll gain a team of skilled advocates who can be there to watch your back and answer any of your most pressing questions along the way. Call (801) 810-9999 to speak with a trusted member of our team or contact us online to schedule a case review.
We have helped many clients recover from injuries resulting from car accidents in West Valley, Salt Lake City, and the greater Utah area. We are here to help you recover after an accident. If you've been injured, don't hesitate to call Valley Law Accident and Injury Lawyers for a free consultation. We have recovered millions for our clients and we are ready to fight for you.
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