Gainesville Airplane Accidents Lawyer

NOTE: Our law firm does not handle aviation and plane crash cases. This article is for informational purposes only. Information found in the article does not constitute as formal legal advice and does not create an attorney/client relationship.

Were you or someone you love hurt in a plane accident in Gainesville, FL? Did you lose a loved one in a plane crash? Plane accidents are one of the rarest forms of transportation accidents, but they almost always result in fatalities or serious injuries. After a crash, you may be entitled to compensation for the damages you have suffered.

A Gainesville airplane accident lawyer can help you throughout the legal process.

How Allen Law Firm, P.A. Can Help You After an Airplane Accident in Gainesville

How Common Are Plane Accidents in Florida?

There are more than 220,000 active general aviation aircraft in the United States. This catch-all term refers to all civil aircraft, including small private planes. Commercial aviation refers to scheduled flights that transport cargo or passengers from tarmac airports.

Florida is one of the top three states for private flying licenses. The state’s tourism industry and scenery make charter planes and small aircraft – and resulting crashes – all too common.

The National Transportation Safety Board (NTSB) collects data on all civilian (non-military) aviation accidents. These accidents are separated into large commercial planes, general aviation planes, and small commercial planes with fewer than ten seats for passengers.

In 2018, 393 people were killed in civil aviation accidents. That was up 13% from 2017. This included a passenger on a Southwest Airlines flight who was killed when an engine failure partially ejected them from the plane. That was the first airline passenger death since 2009.

Most plane accidents involve small general aviation planes, not large commercial planes. On average, about four small aircraft crash in the United States every day. About 25% of these crashes involve amateur-built aircraft. 

Nearly 80% of plane accidents occur during the first three minutes of take-off or the last 8 minutes of the descent.

What Damages Are Available to Airplane Accident Victims in Gainesville, FL?

The at-fault party is responsible for paying the damages you sustained in an accident. You are entitled to compensation for your non-economic and economic damages. 

This compensation may include:

If a loved one was killed in a fatal plane crash, you are entitled to seek different forms of compensation through a wrongful death claim. 

In Florida, survivors may be entitled to money for:

  • Mental pain and suffering
  • Loss of services and support the decedent provided
  • Loss of companionship and protection
  • Loss of parental guidance, instruction, and companionship
  • Final expenses, including funeral expenses 

The decedent’s estate, which may include family members, may also recover the decedent’s lost wages.

Common Airplane Accident Injuries

Aviation accident cases often result in serious or fatal injuries, including:

Plane accidents often result in far more than physical injury. They typically leave survivors and families with emotional and psychological trauma. An attorney can seek the full value of the damages you sustained, including the future expenses your accident will cause.

What Causes Most Airplane Accidents in Gainesville, Florida?

Many people realize that small aircraft are more likely to be involved in a crash than larger planes. However, this is not necessarily related to the size of the plane.

Small aircraft usually have pilots with less experience. The planes themselves have less redundancy than large planes, which offer backup if something fails. Regular maintenance and strict regulation of commercial aircraft also contribute to the safety of commercial planes. Meanwhile, personal aircraft are subject to very little regulation.

About 80% of all plane accidents are caused by human error. This can involve errors by a pilot, air traffic controller, mechanic, or someone else. Pilot error alone is believed to cause 53% of plane accidents.

Pilot error can come in many forms. The most common is decision errors, such as misusing information or poorly executing a procedure. Mistakes by the pilot may also be skill-based or a perceptual error. In some cases, a pilot may cause an accident by violating procedure or federal law.

The remaining 20% of accidents are caused by equipment failure. After pilot error, mechanical failure is the most common cause of plane crashes. 

Mechanical failure may be attributed to:

  • Improper maintenance
  • Improper inspection of the aircraft
  • Failure to replace components as needed
  • Mental fatigue
  • Design defect of the aircraft or a component
  • Manufacturing defect 

Depending on the cause of the accident, multiple parties may be held liable for the accident, including:

  • The designer of the aircraft or components
  • The manufacturer of the aircraft or components
  • Maintenance company
  • Inspection company
  • Airline 

If your accident involved a private or charter plane, the owner or operator may be held liable in addition to other parties.

How Do I Prove Negligence in an Airplane Accident in Gainesville, FL?

Airplane accidents are always complicated and require a thorough investigation to determine how the accident occurred. Negligence requires proving that one or more people acted unreasonably under the circumstances, thereby causing the accident. However, not all plane crash cases require proving negligence; many cases come down to product liability.

Multiple government agencies typically conduct an investigation into a plane accident. This investigation may identify liable parties. Your attorney may also perform an independent investigation and work with specialists.

Multiple parties often share blame for a plane accident, each of whom may attempt to shift liability to the other. An airline, for example, may try to shift blame to the manufacturer. That’s why it’s critical to seek experienced legal representation to sort out the liable parties. 

How Long Do I Have to File a Lawsuit After a Plane Crash in Florida?

The amount of time you have to file an injury claim after a plane accident depends on whom you are suing:

  • Claims against the federal government. The FAA is responsible for air traffic control. If an FAA employee caused the accident, a claim must be filed against the FAA under the Federal Torts Claim Act. This requires first filing an administrative tort claim before your lawsuit. There is a two-year statute of limitations.
  • Claims against a Florida government entity. These claims usually involve municipal airports. You typically must file a special claim in writing first. Then, you have three years to file a lawsuit, but only after a 180-day investigation period.
  • Negligence. Florida’s new statute of limitations deadline for personal injury cases gives you two years to file a negligence claim if your accident happened on 3/24/2023 or later, and four years if it happened before that date.
  • Claims against an airline. If you have a claim against the airline, you generally have a two-year statute of limitations for international flights and either a two or four-year statute of limitations for domestic flights, based on when the accident occurred.  

Aviation accident cases are incredibly complex, even when it comes to the deadline to file a claim. Exceptions apply in many cases that can adjust the deadline. If you have been involved in an aircraft accident, it’s crucial to contact an experienced personal injury attorney in Gainesville as soon as possible.

Contact a Gainesville Airplane Accidents Lawyer for a Free Consultation

Plane accidents are almost always devastating. Contact a Gainesville airplane accident lawyer to discuss your legal options.

Our personal injury law firm in Gainesville, FL provides: