Gobena and Associates, PLLC, is a boutique law firm with a big law firm result. Our aviation accident practice group committed to helping our clients establish the cause of aviation accidents and hold the at fault parties accountable. We work very hard to help clients across the U.S and throughout the world determine aviation liability and pursue aviation accidents and incidents of all kinds. We represent family members and victims including passengers and crew members involved in commercial airplane accidents as well as accidents involving private airplanes.
We are here to help you with all types of aviation cases including catastrophic accidents. If you or a loved one has been injured in an aviation-related accident, such as being hurt by a plane propeller, suffering injuries while maintaining an aircraft, or being hurt at a public or private airport, please reach out to us immediately so that we can advise you about your options. We represent families of victims and/or survivors of an aviation accident. Most common causes of aviation accidents include human error, equipment malfunction and bad weather. Regardless of what caused the accidents we work with senior investigators that includes Of counsels to determine the causes of the accidents to determine the negligence of the aircraft carrier.
The National Transportation Safety Board (NTSB) and the Federal Aviation Administration, (FAA) are key U.S government agencies in the investigation of aviation accidents. The NTSB investigates aviation accidents involving mass transportation and determines probable cause of an aircraft accident. The Federal Aviation Administration (FAA) regulates aviation and operates the nation’s air traffic control system. In many aviation accidents violations of the FAA regulations were factors
Aviation accidents injuries might result in reimbursement for clients for
A, wrongful death damages and other economic losses in a wrongful death to surviving family members,
B, Past and future pain and suffering due to injuries. Pain and suffering include emotional and physical pains.
C. Past and future lost earnings due to injuries
D. Past and future medical expenses due to injuries,
E. Past and future disability or disfigurement
F. Funeral expenses in case of a wrongful death
Internationally, the 1999 Montreal Convention, (MC99) promulgates airline strict liability in the case of death or injury to passengers. It also establishes liability in cases of delay, damage or loss of baggage and cargo. Before MC99 there were different rules regulating the aviation industry functions and liabilities. MC99 amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability insurance.
The MC99 unifies all of the different international treaty regimes covering airline. MC99 is designed to be a single, universal treaty to govern airline liability around the world.MC99 protects passengers by introducing a two-tier liability system that eliminates the previous requirement under Warsaw Convention of proving willful neglect by the air carrier to obtain more than US$75,000 in damages, which should eliminate or reduce protracted litigation. Under MC99 carriers are strictly liable for damages up to U.S equivalent to $177,773.00 beginning December 2019. It is important to note that the (MC99) contains an inbuilt mechanism which ensures that the liability limits it prescribes for SDR keep pace with inflation and other global economic factors. Original SDR was $100,000, in year 2009 it was adjusted to $113,000.00, in year 2019 it was adjusted to $113,100.00
Currently, under the MC99, air carriers are strictly liable for proven damages up to 177,773.00 special drawing rights, SDR. Where damages of more than $177,773.00 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable solely to the negligence of a third party. The SDR value in terms of the U.S. dollar is determined daily based on the spot exchange rates observed at around noon London time, and posted on the IMF website.
Aside from carriers, liability could rest with the owner, the pilots and equipment manufacturers. Sometimes liability rests with the aircrafts parts manufacturers, airport operators and government agencies. There might also be shared fault between the carriers and manufacturers.
If you have flight related injuries, call us today. Whether you are calling for your injuries or as a survivor of a flight accident victim, we will take time to listen to your story. Find out if you have a case. If we determine that you have a case, we will passionately represent you. We will not charge you for our services until you recover damages from the at fault party. In short, No recovery No Charge. Call us today.