What Happens If a Family Member Dies in a Plane Crash? Your Legal Options After a Tragedy

Losing someone you love in a plane crash leaves families facing an overwhelming combination of grief and confusion. So what happens if a family member dies in a plane crash? Airlines must step up with immediate help and information. You have every right to file wrongful death claims for economic losses and emotional damages. 

Airlines must provide toll-free numbers, get you to the crash site, and keep you updated on investigations. But here’s the thing: don’t sign anything or give statements without talking to a lawyer first.

At Rubinowitz Law Firm P.C., we’ve walked alongside families through this nightmare. A skilled aviation accident lawyer can help you understand federal rules and New York wrongful death laws while fighting for the compensation your family deserves.

Immediate Steps Families Should Take After a Fatal Plane Crash

Certain actions protect your legal rights during the overwhelming hours and days following a fatal aviation accident:

• Contact an aviation accident attorney immediately: Do this before speaking with airline representatives or insurance adjusters who may try to minimize liability or gather statements against your interests.
• Preserve all documentation: Keep tickets, boarding passes, and any airline correspondence related to your loved one’s travel plans and the flight itself.
• Document financial relationships: Gather income evidence, tax returns, and proof of the financial support your loved one provided to the family.
• Never sign documents: Airlines may present paperwork quickly, but have an attorney review every provision before you sign anything.
• Request death certificates: Obtain these along with official accident reports, as both serve as critical evidence for your case.
• Keep detailed expense records: Track all costs related to the tragedy, from funeral expenses to travel costs and time away from work.

Who Can Be Held Legally Responsible for a Fatal Aviation Accident?

Multiple parties often share blame when aviation disasters occur. Airlines bear responsibility for crew errors, training failures, or operational mistakes. Manufacturers face liability for design flaws or manufacturing defects in aircraft or components.

Maintenance companies answer for improper servicing or failed inspections. Air traffic controllers may be liable when communication failures contribute to accidents.

New York law allows families to pursue damages. According to the New York State Senate, personal representatives can “maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent’s death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued.”

What Compensation Is Available to Families of Plane Crash Victims?

New York law lets surviving family members seek compensation for economic and emotional losses after losing someone in an aviation disaster.

Wrongful death claims recover lost income your loved one would have earned, lost benefits like health insurance and retirement, plus the value of household services and parental guidance they provided.

Pain and suffering damages compensate the estate when victims remained conscious after impact. Loss of consortium addresses the irreplaceable loss of companionship and emotional support. Funeral expenses qualify for recovery too.

Factors That Influence the Value of an Aviation Wrongful Death Claim

Key elements determine compensation amounts:

• Age, health, and life expectancy: These factors directly affect how courts calculate lost future earnings and the duration of financial support your family would have received.
• Income and earning capacity: Higher earners and those with strong career trajectories typically generate larger compensation awards in wrongful death cases.
• Family relationships: The loss of a parent with young children or a spouse in a long marriage typically results in higher compensation for emotional damages.
• Negligence severity: When airlines or manufacturers demonstrate egregious conduct, courts may award punitive damages beyond actual losses.
• Number of dependents: More family members who relied on the deceased for financial and emotional support increases both economic and non-economic damages.
• Conscious suffering evidence: When evidence shows your loved one remained aware and experienced pain after impact, this significantly increases total compensation.

How Federal Investigations Impact Your Family’s Case

The NTSB investigates civil aviation accidents to “determine the facts, conditions, and circumstances relating to an accident,” establish “probable causes,” and issue “safety recommendations to prevent or mitigate the effects of a similar accident.”

Federal investigations take months or years. NTSB findings cannot serve as liability evidence in civil cases, but the factual information gathered helps establish negligence.

Qualified witnesses rely on NTSB data when reconstructing accidents. Your legal claims move forward on separate timelines. You need not wait for investigation conclusions before filing wrongful death actions.

Speak With a Bronx Aviation Accident Lawyer to Protect Your Family’s Rights

No compensation restores your loved one or erases the pain of losing a family member in an aviation disaster. Yet pursuing legal accountability secures financial stability and holds negligent parties responsible.

Rubinowitz Law Firm P.C. brings dedicated experience to aviation wrongful death cases. We fight relentlessly for maximum compensation while treating your family with compassion. Call 212-524-2899 today for a confidential consultation.