Air travel is one of the safest and most regulated means of traveling. Compared to traveling by cars or trains, flight injuries are rare. However, occasionally travelers can get a twisted knee or head injury due to air turbulence or for the negligence of the airline staff. If you have been injured during air travel, you have certain rights that you can fight for. If the airline or its staff is responsible for your injury, an experienced Accident Lawyer in El Monte will be able to sort through complex legal guidelines and recover a substantial amount of monetary relief. Here’s a complete guide on what your options are if you have been injured during air travel.
Who Is Liable?
As per the Federal Aviation Act, airlines are required to hold themselves to a high standard of ensuring care for their customers. But an airline is not a direct guarantor of a traveler’s safety. Legally, airline companies have a responsibility to avoid any form of negligence on their part. They are bound by a ‘duty of care’ which obliges them to do everything reasonably possible to prevent passenger injuries. However, if you have been injured, your injury itself is not enough to prove the airline’s negligence. A ‘causal link’ between the airline or its staff’s actions and your injury must be established for your claim to qualify in court.
Holding the Airline Responsible
If an airline company has not been able to operate, maintain, or load the plane properly, the company can be held liable. For example, it is the airline’s duty to provide every passenger with a fully-functional safety belt. In case the belt was defected, and the airline staff avoided repairing it despite knowing about the defect, the airline can be held liable in court. In case you have suffered from such an injury, the first thing you should do is notify the authorities about the injury. If possible, collect witness testimonies. When you land, make sure to receive medical treatment. Keep a record of all your expenses during this ordeal. A Top Personal Injury Attorney in El Monte will amass all the evidence and file a detailed and convincing lawsuit on your behalf.
Defendant Defense
For your lawsuit to stand a chance in court, you must be able to provide substantial proof of the airline’s negligence. For example, in most cases, it is impossible to prove that the aircraft was overloaded. The airline has no justifiable reason to disclose these facts unless the court demands them to. Hence, the plaintiff (the person registering the complaint) must provide substantial evidence. Based on the validity of your proof, your Accident Lawyer in El Monte will be able to offer a detailed claim evaluation. A common defense used by airline agencies is the ‘act of God’ claim. If your injury was caused by an unforeseen event (e.g., a storm), you wouldn’t be able to retrieve any damages.
The Importance of Hiring Experts
Legal claims against aviation companies require a comprehensive insight of aircraft safety guidelines, FAA rules, and explicit guidelines related to air travel litigation. If you feel your in-flight injury was caused due to the negligence of the airline staff, it’s in your best interest to collaborate with an Accident Lawyer in El Monte, who can guide you through this process. Visit Here: Braff Personal Injury Law Firm
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