Wrongful Death After a Plane or Helicopter Crash: What Families Need to Know

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Losing a loved one in a plane or helicopter crash is an unimaginable tragedy. Along with the grief comes a flood of questions: what happened, who is responsible, and what happens now? Many families also learn, often for the first time, that they may have the right to file a wrongful death claim, and that aviation cases work differently than most other accident claims.

If your family has lost someone in an aviation accident, you do not have to sort through this alone. Contact Robb & Robb online or call 877-749-4999 to speak with our team about your options.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil legal action, separate from any criminal case or government investigation. It allows certain family members to seek financial support after losing a loved one due to someone else's carelessness or wrongdoing.

This is separate from the investigation conducted by the National Transportation Safety Board (NTSB). The NTSB's job is to determine what caused the crash so future accidents can be prevented. It does not decide who owes a family compensation, and its investigations can take years to complete. A wrongful death claim moves on its own timeline and focuses on accountability and financial recovery for the family left behind.

Who Can File a Wrongful Death Claim?

The right to file depends on state law, so the exact rules vary depending on where the crash happened and where the family lives. In most states, the potential claimants may include: 

  1. A surviving spouse
  2. Surviving children
  3. Parents
  4. Siblings or other relatives in the absence of spouse, children, or surviving parents
  5. The personal representative of the deceased person’s estate, acting on behalf of the family

An aviation attorney can help your family understand exactly who has the right to file in your specific situation.

Why Aviation Wrongful Death Cases Are Different

More Than One Party May Share the Blame

A car accident often involves one or two drivers. An aviation accident can involve the pilot, the airline or charter operator, the maintenance company, and the manufacturer of the aircraft or one of its parts, among others. Each of these parties may carry a share of the responsibility, and identifying all of them takes a thorough investigation.

What Compensation May Be Available

Every case is different, and compensation depends on the specific facts involved. Families pursuing a wrongful death claim after an aviation accident may be able to recover:

  • Funeral and burial expenses
  • Medical bills incurred before death
  • Lost income and financial support the loved one would have provided
  • Loss of companionship, guidance, and care
  • Pain and suffering, including pre-impact terror experienced by the deceased prior to death

In cases involving reckless misconduct, additional damages, such as punitive damages, may also be available. An attorney can walk you through what may apply to your family's specific circumstances.

How Long Do Families Have to Take Action?

Deadlines for filing a wrongful death claim vary by state and by the type of flight involved, and they are often shorter than families expect.

Waiting also risks losing important evidence. Aircraft wreckage is often released back to owners or insurers once the NTSB completes its work, and witness recollections and maintenance records can be harder to obtain the longer a case sits untouched. Speaking with an attorney early helps protect both your family's legal rights and the evidence your case may need.

What Families Can Do Right Now

In the days and weeks after a crash, a few simple steps can help protect your family:

  • Avoid signing any documents from an insurance company or operator before speaking with an attorney
  • Keep copies of any communication related to the crash
  • Be cautious about public statements, including on social media
  • Reach out to an attorney with aviation experience as soon as you are able

None of these steps requires you to have everything figured out right away. They simply help preserve your options while you focus on your family.

You Don't Have to Face This Alone

Every family we work with is grieving a loss that never should have happened. At Robb & Robb, we help families understand what occurred, identify who may be responsible, and pursue the accountability their loved one deserves, all while giving families the space they need to heal.

If your family has been affected by a plane or helicopter crash, reach out today. Contact us online or call 877-749-4999 for a free case review.

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