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Air travel is often considered one of the safest modes of transportation, yet airplane crashes, when they occur, can result in catastrophic injuries or wrongful death. The aftermath of an aviation accident is not only devastating for the victims and their families but also complex from a legal standpoint.
Having an experienced personal injury attorney who specializes in aviation law is essential, particularly when dealing with high-profile cases in the airline industry. Such an attorney not only possesses a deep understanding of the complexities involved in aviation accidents but also knows how to effectively navigate the media landscape. Their expertise can be invaluable in ensuring that your case is handled with the utmost professionalism and that your rights are vigorously protected. With the right legal representation, you can focus on your recovery while they manage the intricacies of your case and advocate for your interests in both legal and public forums.
Evan M. Oshan and his team are not afraid to go against powerful corporations or the airlines. He has represented individuals against United Airlines, Delta Airlines, KLM airlines, Southwest Airlines and more...
With his ‘never say defeat’ spirit and his push to represent the best of his Clients' interests Evan M. Oshan has been called a warrior for justice. Evan Oshan has experience working on high profile cases involving Aviation claims internationally.
Evan M. Oshan was quoted, featured and interviewed in hundreds of news publications worldwide including but not limited to: New York Post, TMZ, ABC, CBS, NBC, Washington Post, Fox, Inside Edition, The Seattle Times, Los Angeles Times, The Washington Times, CNBC, New York Post, CNN, New York Daily News, Metro UK, People, PBS and more.
Oshan & Associates, P.C. has consistently and effectively secured substantial international, national, and local media contracts, appearing in a plethora of media coverage pieces for high profile cases. Obtaining multiple gag order confidential settlements with hard line negotiation achieving success in settlements and favorable verdicts. No case is too small, every person matters and every case is unique and treated with the outmost respect.
"One of the best lawyers around from the west coast to the East Coast Evan makes it happen I've been fighting the case for about 3 years Evan never made a mountain out of a mustard seed...... if you couldn't see it you made it happen thanks for working with me."
Excellent Attorney Who Will Get Your Case Settled Over & Above Your Expectations.
"Mr. Evan Oshan is an excellent Attorney who is barred in both WA & New York. My personal injury case took many years to settle but in the end it was well worth the wait. He definitely knows how to think out of the box in utilizing all available services that will work to his client's advantage. He won't just compromise & settle for less in order to save time & just prematurely close out the case. He is an expert attorney when it comes to knowing how to negotiate with the Insurance Companies/Adjusters. He is not a lazy attorney & hence will go the extra mile for his clients. Mr. Oshan's legal services far exceeded my initial expectations--& so I would definitely employ his legal services again. Thanks so much, Evan."
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"I had been in a lawsuit with an international entity. Non disclosure prevents me from saying their name. Evan was my third attorney. The other two were puppets for the defense. Evan stood up for me when no one else would and got me back what was taken. I had a house paid in full a car. These people came along and tried to make me something I am not to hide the truth and flip the script on the lawsuit. I am no longer In The United States. Evan got back some of what was taken so I can move on and start a new life abroad. Those other reviews about his answering service. Look he does cases in New York, California, Washington, Arizona. He is a busy man and the people in the office are just doing their job."
Airplane crashes can arise from a variety of factors, including pilot error, mechanical failure, adverse weather conditions, and air traffic control issues. According to the National Transportation Safety Board (NTSB), there were 1,200 aviation accidents in the United States in 2020, resulting in 345 fatalities. While the overall accident rate has been declining over the years, the consequences of crashes can be catastrophic, leading to loss of life, serious injuries, and significant emotional distress for the affected families.
To better understand the landscape of air travel and its associated risks, consider the following statistics:
1. Accident Rates: The NTSB reported that in 2020, the general aviation accident rate was approximately 5.1 accidents per 100,000 flight hours. While commercial aviation is statistically safer, general aviation—including private and charter flights—remains a significant concern.
2. Fatalities: According to the Federal Aviation Administration (FAA), there were 10 commercial airline accidents resulting in fatalities in 2020. In contrast, general aviation accounted for 1,000 accidents and 200 fatalities, highlighting the risks associated with non-commercial flights.
3. Aircraft Types: The NTSB statistics show that the majority of aviation accidents involve general aviation aircraft, followed by commercial airlines, which have a much lower accident rate due to stricter regulations and oversight.
4. Pilot Error: The FAA has identified pilot error as a primary contributing factor in approximately 70% of aviation accidents. This statistic emphasizes the importance of training, experience, and adherence to protocols in ensuring safe flights.
Aviation accidents can occur in various contexts, including commercial airline crashes, general aviation incidents, and helicopter accidents. Understanding the causes of airplane crashes is crucial for determining liability and pursuing compensation. Some common causes include:
1. Pilot Error: Mistakes made by pilots, whether due to fatigue, distraction, or lack of training, can lead to severe consequences. In many cases, pilot error can be linked to inadequate training or failure to follow established procedures.
2. Mechanical Failure: Aircraft are complex machines that require regular maintenance and inspections. Mechanical failures can result from design flaws, manufacturing defects, or improper maintenance practices. The FAA mandates strict maintenance schedules, but lapses can occur.
3. Weather Conditions: Adverse weather conditions, such as thunderstorms, fog, and icing, can create hazardous flying conditions. Pilots must be trained to handle these situations, but poor weather can still lead to accidents.
4. Air Traffic Control Errors: Miscommunication or mistakes made by air traffic controllers can lead to dangerous situations, including mid-air collisions or runway incursions.
5. Runway Conditions: Poorly maintained or icy runways can contribute to accidents during takeoff and landing, which are critical phases of flight.
Airplane crash cases present unique legal challenges that differ significantly from other types of personal injury cases. Victims and their families may face numerous hurdles, including:
1. Jurisdictional Issues: Airplane crash cases may involve multiple jurisdictions, especially if the crash occurred during a flight that crossed state or national boundaries. Determining the appropriate venue for filing a lawsuit can be complex.
2. Federal Regulations: Aviation is heavily regulated by federal agencies, including the FAA and NTSB. Understanding the relevant regulations and how they apply to specific cases is crucial for establishing liability.
3. Multiple Defendants: Airplane crash cases may involve multiple parties, including airlines, manufacturers, maintenance providers, and even air traffic control entities. Identifying all responsible parties is essential for pursuing compensation.
4. Expert Testimony: The technical nature of aviation cases often requires expert testimony to explain the causes of the crash and the standards of care expected within the industry. Securing qualified experts can be a challenging and time-consuming process.
State laws can also come into play, especially in cases involving general aviation. For instance, Washington State law may govern negligence claims related to aviation accidents occurring within its jurisdiction.
1. Negligence Claims: Victims of aviation accidents may pursue negligence claims against pilots, airlines, and manufacturers. Establishing negligence involves proving that the responsible party failed to exercise reasonable care, leading to the accident.
2. Strict Liability: In some cases, manufacturers of aircraft or aviation components can be held strictly liable for defects that contribute to accidents. This means that the injured party does not need to prove negligence, only that a defect existed.
3. Survivor Claims and Wrongful Death: Family members of victims may pursue wrongful death claims to seek compensation for their losses, including funeral expenses, lost income, and emotional distress.
4. Passenger Rights: Under the Montreal Convention, passengers have certain rights in the event of an aviation accident, including compensation for damages and injuries sustained during the flight.
Given the complexities involved in airplane crash cases, obtaining experienced legal representation is essential. At Oshan and Associates, we have successfully handled numerous high-profile cases within the airline industry, providing us with the knowledge and expertise needed to navigate these intricate legal landscapes.
Why Choose Oshan and Associates?
If you or a loved one has been involved in an airplane crash, it is essential to take the following steps to protect your rights and interests:
1. Seek Medical Attention: Your health and safety are the top priority. Seek medical care immediately, even if injuries do not seem apparent initially.
2. Document Everything: Gather and document all relevant information, including details of the crash, witness statements, flight manifests, and any other evidence that may support your case.
3. Notify Authorities: Report the incident to both local authorities and the National Transportation Safety Board (NTSB). An official investigation will help determine the causes of the crash.
4. Consult an Experienced Attorney: Reach out to our team at Oshan and Associates as soon as possible. We can help guide you through the legal process, ensure your rights are protected, and advocate for your best interests.
5. Avoid Speaking to Insurance Adjusters: Do not provide statements to insurance adjusters or other parties until you have consulted with an attorney. Insurance companies often seek to minimize payouts, and your attorney can help ensure your interests are protected.
Airplane crashes are complex events that can lead to devastating consequences for victims and their families. Understanding the causes, legal challenges, and the importance of experienced attorney representation is essential for navigating these difficult situations. At Oshan and Associates, we are committed to advocating for the rights of those affected by aviation accidents in Washington State and beyond.
With a proven track record of handling high-profile cases in the airline industry, we are well-equipped to provide the guidance and support you need during this challenging time. If you or a loved one has been involved in an airplane crash, do not hesitate to reach out to our knowledgeable team. Your rights deserve protection, and we are here to help you seek justice and compensation for your losses.
The below Aviation checklist aims to guide victims through the complex aftermath of an airplane crash, ensuring they address legal, medical, and emotional needs effectively. It is advisable to consult with professionals where needed to ensure a comprehensive approach to recovery and representation. Every case is different and has its own unique circustances.
In 2020, there were approximately 1,200 aviation accidents reported in the United States, resulting in 345 fatalities. - The general aviation accident rate was about 5.1 accidents per 100,000 flight hours. In contrast, commercial aviation had only 10 fatal accidents in 2020. Pilot error is identified as a factor in approximately 70% of aviation accidents.
Just last year, airlines set another record by flying nearly 4.5 billion passengers on nearly 45 million flights worldwide. Although air travel is generally considered as the best and safest form of transportation, there can still be safety concerns. In fact, according to this Forbes article, aviation accidents increased by more than 900% in 2018. It is important to note that it is not just commercial carriers that are affected. Private plane crashes are just as common and can, in many ways, be more deadly than commercial airplane crashes.
If you have a loved one that died in an aviation accident or if you sustained injury in a crash, you have the right to compensation. Our aviation accident attorneys at Oshan and Associates have the skills and experience to see that you obtain the compensation you deserve. This article explains just what you need to know about aviation accidents and how you can assert your rights when they occur.
The nature of aviation glitches can be very devastating. If not resulting in death, the crash itself can cause serious injuries to the passengers and crew members, as well as damage to your property. Often, passengers may suffer neck or head injuries, broken limbs, internal bleeding, or damage to internal organs. But this is not all. Loss of cabin pressure or a fire can cause severe burns or respiratory injuries. Heart attacks, strokes, and similar medical problems may also arise as a result of aviation accidents.
It may be a surprise that aviation accidents occur at all. When one considers the amount of care and preparation that goes into making a single journey, it seems accidents should never occur. Unfortunately, they do happen, and often too. Here are a few of the causes:
Pilot error involves action or inaction by the pilot of an aircraft that causes or contributes to an aviation accident or incident. It is the most common cause of aviation accidents. According to the New York Post, 53 percent of aviation accidents are caused by the actions of the pilot. Apart from errors occurring during the flight or whilst taxiing on the runway, pilot errors can occur during maintenance work, while fueling, or loading the aircraft. A few of the common instances of Pilot Error includes the following:
Even though these aviation errors are most likely made unintentionally, it still doesn’t exempt the pilot (or the airline) from liability arising from negligence.
Air Traffic Controllers (ATCs) are expected to monitor and control the flow of air traffic coming in and going out of airports. However, errors may occur while planes are taking off, in flight or landing. Errors could occur because the air traffic controller is fatigued or was working under the influence of substances. Sometimes, it involves directing too many aircraft to a runway or misinterpretation of radar.
Aviation accidents do happen on runways too when ground crews fail in their duty to clear the runway of objects that may cause damage to the plane. This may cause the plane to careen off course and crash into fixed objects such as buildings. When this negligence happens, the ground crew in charge of directing planes in and out of airport terminal areas can be held liable for any damage or injury to passengers.
An aviation mishap could also be caused by just one little defect in the equipment. Errors in aircraft design, manufacturing or maintenance can wreak serious havoc. Take the recent crash of the Boeing 737 MAX which led to the death of 157 people on board. In the findings of the BBC, the crash was due to a software glitch in the aircraft. If an aviation accident or incident occurs due to faulty equipment, the aircraft designer or manufacturer could be held liable for the accident. Those responsible for the maintenance of the aircraft may also be held accountable for such negligence.
The Federal Aviation Administration (FAA) is the US agency that regulates civil aviation. There have been instances where aviation accidents occurred because the pilot, air traffic controller or someone else was in violation of FAA rules and regulations. When this happens, the person or body found to have violated the FAA regulations can be held accountable. They will be held responsible for any injuries, death or other damage suffered by the victims or their survivors.
Aviation mishaps due to ‘turbulence’ or bad weather is perhaps the most common cause accidents. One minute, things may be going smoothly, the next, turbulence happens as a result of changes in altitude, wind direction or intensity. This may cause passengers to be tossed from their seats and result in mild to serious injuries. FAA regulations require aircrafts to keep their passengers safe. Generally, turbulence is considered an ‘Act of God’ and no one’s fault. However, if an employee contributes to your injury, you may be able to claim compensation from the airline.
As a victim of a plane crash, you can secure economic damages as well as non-economic damages, like compensation for pain and suffering. Airplane crashes or aviation glitches can also cause the destruction or loss of baggage or personal possessions. The good thing to note is that the law recognizes damage to property as a form of injury too, and you can file a claim for compensation.
Surviving family members of airplane crash victims also have to endure unquantified suffering of their own. If a loved one has been lost, one would have to wait for investigations to be concluded as to the cause of the crash. A wrongful death action can be brought against the liable person(s) by the survivor of the victim. This action may cover compensation for loss of support, funeral costs, and even any emotional distress.
The cause of the aviation accident or incident will no doubt determine who will bear the brunt of the liability for the injury caused. If it is due to faulty equipment, the product manufacturer could face liability for damages. If it is due to negligence, the pilot or other persons will be held responsible. Usually, liability also falls on the employer of the pilot or the air travel agency. When the aviation mishap is caused by an Air Traffic Control error, then your claim will fall under the Federal Tort Claims Act. This means you will be the holding the federal government, the federal government agency, or the employee of such an agency responsible for your loss. Your aviation accident attorney will advise you on the best individual or entity to sue.
If you or your loved have been involved in an aviation accident, you have the right to fight for compensation. The journey to obtaining compensation can however be difficult. This would especially be the case as you are essentially pitching battle against massive corporations. What you need in order to come up trumps is a skilled and experienced aviation attorney sympathetic to your cause. At Oshan and Associates, we will do everything we can to secure the outcome you desire. Call Oshan and Associates at 206-335-3880 or fill out our online contact form below as soon as possible after your aviation accident to get the best legal representation.
Seattle Personal Injury Lawyers serving King County, Washington since 2000. Seattle Personal injury practice areas include but not limited to the following:
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