Aviation Accident Lawyers in Westchester County, NY

Aviation Accident Statistics in Westchester County

Although Westchester County is home to several airports, including Westchester County Airport (HPN), local aviation accident statistics are limited. However, one can look at broader data to understand the scope of aviation safety:

According to the National Safety Council Injury Facts for 2022:

• 1,277 general aviation accidents occurred nationwide.
• These accidents resulted in 358 fatalities.
• The onboard accident rate was 0.945 per 100,000 flight hours.

These numbers might seem small, but for those affected, each incident is life-changing. That's why we're here — to help you navigate the turbulent aftermath of an aviation accident.

How Our Aviation Accident Attorneys Will Handle Your Case

At Tomkiel & Tomkiel, we employ a comprehensive approach to aviation accident cases. Here are the steps we’ll take to assist you with your case:

• Conducting thorough investigations and collaborating with aviation professionals to analyze flight data, maintenance records, and pilot histories.
• Ensuring compliance with all relevant FAA regulations and international aviation laws.
• Managing communications with airlines, manufacturers, insurance companies, and government agencies.
• Litigating your case in court if we can’t reach a fair settlement.

Our driving mission is to build a strong case for you while prioritizing your interests throughout the legal process.

Types of Aviation Accident Cases We Handle

Our firm has experience with a wide range of aviation accident cases, including the following:

Commercial Airline Accidents

These cases often involve complex international laws and multiple parties. We know how to make sense of the intricacies of airline regulations, international treaties, and multi-jurisdictional issues to build compelling cases for our clients.

Private Plane Crashes

Private aviation accidents frequently involve different regulatory frameworks than commercial flights. Our lawyers address the unique liability and insurance considerations in these cases, whether they involve small, single-engine aircraft or larger private jets.

Helicopter Accidents

Rotorcraft incidents present distinct challenges due to their unique flight characteristics and operational environments. We routinely handle cases involving tour operations, medical evacuations, and private helicopter use, analyzing the specific mechanical and operational factors involved.

Charter Plane Incidents

Charter flights operate under different regulations than commercial airlines. We're experienced in parsing these distinctions and holding charter operators accountable to appropriate safety standards.

Airport Ground Accidents

Not all aviation accidents occur in the air. We accept cases involving incidents during boarding, baggage handling mishaps, and runway collisions. We’ll consider the complex interplay of airline, airport, and contractor responsibilities.

Air Traffic Control Errors

When miscommunications or mistakes in air traffic management lead to accidents, we investigate thoroughly, often working with ATC professionals to build successful cases.

Maintenance-Related Accidents

Proper aircraft maintenance is crucial for safety. Our team meticulously examines maintenance records and procedures to identify any negligence that may have contributed to an accident.

Manufacturing Defect Cases

When aircraft or component defects cause accidents, we don’t hesitate to pursue cases against the manufacturers. This often involves interpreting abstruse product liability law, which requires in-depth technical knowledge.

Each type of aviation accident presents unique challenges and demands specific experience. Our team of seasoned aviation accident lawyers is equipped to handle your case, no matter how it occurred.

Understanding Aviation Accident Attorney Fees

We recognize the financial concerns that often accompany aviation accidents. That’s why our firm operates on a contingency fee basis. Here’s what that means for you:

• There are no upfront costs or hourly fees.
• We receive payment only if we secure a favorable outcome in your case.
• Our fee is calculated as a percentage of your total settlement or court award.

During your complimentary initial consultation, we’ll clearly explain our fee structure and answer any questions you may have regarding the costs associated with your case.

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Common Injuries in Aviation Accidents

Aviation accidents can result in severe, often life-altering injuries. The skilled attorneys at Tomkiel & Tomkiel are adept at managing cases involving the following types of impacts:

Brain Injuries

Brain injuries can range from mild concussions to severe traumatic brain injuries (TBIs), often caused by impact during crashes or sudden decompression events. Any of these can lead to long-term cognitive impairment, personality changes, and physical disabilities.

Burn Injuries

Aviation accidents often involve fuel fires, creating the potential for severe burns. Whether it’s a first-degree or fourth-degree burn, the necessary treatment could involve multiple surgeries, skin grafts, and lifelong care.

Catastrophic Injuries

Life-altering injuries, such as amputations, severe disfigurement, and multiple organ damage, have significant, unignorable effects. They often require continual medical care and major lifestyle adjustments.

Paralysis Injuries

Spinal cord damage can result in partial or complete paralysis. This may occur due to the impact of a crash or falling debris within the aircraft cabin.

Knee Injuries

Impacts with seats or other structures during turbulence or crashes may cause knee injuries. These can include ligament tears, meniscus damage, or fractures, potentially requiring surgery and extensive rehabilitation.

Spine Injuries

Common spinal injuries following aviation accidents include herniated discs and fractured vertebrae. Even less severe spinal injuries can lead to chronic pain, mobility issues, and diminished quality of life.

Broken Bones

Due to the extreme forces involved, aviation accidents often result in multiple fractures. These can range from simple breaks to potentially lethal compound fractures. Frequently affected areas include the legs, arms, ribs, and spine.

Our aviation accident attorneys will work closely with various medical professionals to fully understand the extent of your injuries and their long-term impact on your life, thereby ensuring that your claim reflects the true cost of your injuries.

Who Can File a Wrongful Death Claim After an Aviation Accident in New York?

In New York, the personal representative of the deceased individual’s estate is authorized to file a wrongful death lawsuit on behalf of surviving family members, which may include spouses, children, parents, or siblings.

The statute of limitations is generally two years from the date of death, but aviation cases may have different deadlines under some circumstances. We recommend consulting with our aviation accident attorneys promptly to guarantee compliance with all relevant timelines.

What Factors Can Cause an Aviation Accident?

Understanding the common causes of aviation accidents is crucial for building a strong legal case. Key factors include:

• Pilot error: Mistakes in navigation, misreading instruments, or poor decision-making.
• Mechanical failure: Issues with engines, landing gear, or other critical systems.
• Weather conditions: Severe turbulence, icing, or unexpected storms.
• Air traffic control errors: Miscommunication or mistakes in directing aircraft.
• Design flaws: Inherent problems with the aircraft's design or manufacturing.
• Improper maintenance: Failure to properly inspect, repair, or replace aircraft components.
• Fuel mismanagement: Running out of fuel or issues stemming from contaminated fuel.
• Bird strikes: Collisions with birds that damage engines or other parts of the aircraft.

Our team will collaborate with aviation professionals to thoroughly investigate and identify all potential contributing factors in your case. This is a foundational step to proving that they directly led to your injuries.

Determining Liability in Westchester Aviation Accidents

Identifying the liable parties in an aviation accident can be challenging. Responsible parties may include:

• Pilots or flight crew
• Airlines or charter companies
• Aircraft manufacturers
• Maintenance providers
• Air traffic controllers
• Airport operators
• Government entities responsible for aviation oversight

We'll carefully analyze all aspects of your case to identify all liable parties and hold them accountable for their negligent actions.

Compensation You May Be Entitled to After an Aviation Accident

Various forms of compensation may be available to you after an aviation accident, depending on the specifics of your case. They include:

• Medical expenses: Coverage for all accident-related medical treatments, from emergency care to long-term rehabilitation.
• Lost income: Compensation for wages lost due to your injuries, including potential future earnings if your ability to work has been permanently affected.
• Pain and suffering: Non-economic damages meant to address physical pain and emotional distress resulting from your accident and resulting injuries.
• Loss of enjoyment of life: Payment for the inability to engage in activities you enjoyed prior to the accident.
• Property damage: Reimbursement for any personal property that was lost or damaged in the accident.

The specific compensation you stand to receive will depend on the circumstances of your accident. Our attorneys will work tirelessly to calculate and pursue all damages applicable to your case.

Time Limits for Filing an Aviation Accident Claim in New York

While the statute of limitations for aviation accident claims in New York largely resembles the basic legal guidelines for personal injuries, it can vary based on several factors. Here are some key points:

• For domestic flights, you generally have two years from the date of the accident to file an injury claim.
• For international flights, the Montreal Convention typically allows two years from the date the aircraft arrived (or should have arrived) at its destination.
• If the accident involved a government entity (such as air traffic control), you may need to file a notice of claim within 90 days.

Given these complexities, it's vital to consult an experienced aviation accident attorney as soon as possible to make sure you file your claim within the appropriate window.

Steps to Take After an Aviation Accident

If you've been involved in an aviation accident, it’s important to do the following:

• Seek immediate medical attention, even if you don't feel injured.
• Report the incident to the appropriate authorities (airline, airport, FAA, etc.).
• Document everything you can about the accident and your injuries.
• Avoid giving statements to insurance companies or signing any documents.
• Preserve any evidence, including boarding passes, luggage tags, and witness contact information.
• Contact a qualified aviation accident attorney as soon as possible.

Remember, the actions you take immediately after an aviation accident can impact your ability to recover compensation. By following these steps, you can protect your health and preserve crucial evidence for your future legal claim.