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Aviation
Law Attorneys | Lawyers: Lieff Global attorneys have represented
families of loved ones who died in the following aviation
accidents*:
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2005 Manhattan tourist
helicopter crash in New York City, New York; |
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2005 Turbine Legend crash
in Tucson, Arizona; |
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For information on earlier
crashes and Lieff Global experience, click
here. |
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*Our representation of clients in these
cases has been by Lieff Global attorneys while at Lieff Global
or prior to their joining our firm. |
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| Our attorneys are extremely knowledgeable
in the various state, national and international laws that
govern aviation cases. This knowledge enables us, where appropriate,
to file suit in jurisdictions most advantageous to our clients.
Some of the aviation laws and treaties that govern the aviation
industry are: |
| Passed in 1996, after the TWA crash
which killed 230 people off Long Island, this law requires
that the families of airline accident victims be treated
with care and respect. The law states that airlines must
take certain actions following an airline disaster, including
the following: |
- Provide accident notification to families and the
NTSB;
- Give family members time to notify other relatives
before passengers’ names are made public;
- Offer crisis counseling for victims’ families;
- Make transportation, hotel rooms and food available
for families of victims;
- Help family members retrieve dental records and X-rays
to identify the victims;
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| Families
whose loved ones died or were injured
in airplane or helicopter accidents
are welcome to contact
a lawyer at Lieff Global to
learn more about their legal rights.
We welcome the opportunity to answer
your questions free of charge and without
obligation. |
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- Provide a reliable, publicized toll-free number with
sufficient capacity to answer questions in the aftermath
of a crash;
- Provide the media with continuous updates on the progress
of the notification process;
- Maintain daily contact with family members who do not
travel to the incident site;
- Develop procedures for the handling of personal effects
not being held as evidence;
- Coordinate with the United States Department of Justice
in arranging meetings with family members to explain their
rights; and
- Participate in daily meetings to review daily activities,
resolve problem areas, and synchronize future family support
operations.
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| The Montreal Convention became effective
on November 4, 2003, after ratification by the requisite 30
countries. It is an international treaty adopted by a meeting
of International Civil Aviation Organization member states
in 1999, and it establishes rules for the compensation of victims
of air disasters, when the passengers were engaged in international
transportation. |
| Thus, the Convention has no application
to passengers who are traveling within a single country.
In those cases, the laws of the most interested country
or state will apply. |
| Under the Convention, airlines are
liable regardless of fault for proven damages of as much
as $135,000 per passenger. If damages exceed $135,000,
as they usually do, the airline is still generally liable
for the full amount, but it does have the opportunity to
escape liability by proving that it was totally without
fault. Airlines generally do not even attempt to prove
they were blameless. |
| The Convention also regulates where
a claim may be filed, and bars recovery for purely emotional
harm, or of punitive damages. Otherwise, the Convention
leaves it up to local laws to determine what damages are
recoverable. Thus, most litigation in Montreal Convention
cases centers around strategic questions such as where
a case can be tried, and what damages laws apply. These
questions have a significant impact on how much a plaintiff
recovers. |
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Our lawyers have years of
experience successfully representing clients
in aviation accident cases. |
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There is no
charge or obligation for our review of your case. |
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We are pleased
to visit you where you live, at no cost, to discuss
your legal rights and answer your questions. |
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We have retained
many of the leading aviation safety experts in
the world to assist our clients with their claims. |
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| This act established the modern version
of the Federal Aviation Administration (FAA), which regulates
virtually every aspect of aviation from the manufacturing,
maintenance and operation of aircraft to the qualifications
of pilots and the “rules of the road” in the air.
The Act is important for civil litigants because compliance
with, or violation of, Federal Aviation Regulations (FARs)
often are important issues in negligence and product liability
cases. |
| The Death on the High Seas Act (DOHSA),
was enacted in 1920 in response to a Supreme Court decision
which held that a widow had no right to recover for the wrongful
death of her husband because the accident occurred outside
the jurisdiction limits of the United States. DOHSA provides
a federal wrongful death remedy that begins where state wrongful
death statutes end -- 12 nautical miles from shore. Where aircraft
accidents occur over the ocean, courts have held that the DOHSA
wrongful death remedy applies. As recently amended, DOHSA allows
for the recovery of wrongful death damages for economic losses,
as well as non-economic losses such as loss of the decedent’s
care, comfort and companionship. It does not allow for the
recovery of damages for pain and suffering prior to death,
or for the recovery of punitive damages. |
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| Disclaimer/Attorney
Advertising:
Past success is not a guarantee of success in your case. The
hiring of legal professionals is an important decision that
should not be based on advertising alone. Please read our attorney
advertising disclaimer. |
| Copyright © 2008
Lieff Global, LLP |
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