The victim of an airplane or helicopter accident must act on his rights or lose them forever. That means the victim must file a lawsuit by the appropriate deadline. In some cases, the victim must first file a special claim form with the right governmental agency. If he fails to do so on time, or files it with the wrong agency, he willl not be permitted to later sue the government agency that is responsible for his injuries.
The deadlines vary according to the type of claim as well as other factors. A victim should consult an aviation lawyer to determine which deadline applies. Some of the more common deadlines that may apply in California cases:
- Cases involving International Air Travel (Warsaw and Montreal Conventions) – Lawsuit must be filed within 2 years of the aircraft’s arrival (or expected arrival) at the destination.
- Cases against California Governmental Entities (such as those involving municipal airports) – Victim must file a special governmental Claim Form (pdf) within 6 months of accident or no lawsuit is thereafter allowed; lawsuit must be filed no later than 6 months after the governmental agency rejects the claim.
- Cases alleging negligence or products liability (including design defect) – Lawsuit must be filed within 2 years of accident.
- Cases against the Federal Government (such as those involving weather reporting or air traffic control errors) – Victim must file a special Federal Tort Claims Act Claim Form (pdf) within 2 years of accident or injury; suit must be filed no later than 6 months after government rejects the claim.
- Cases against EMS Helicopter/Air Ambulance Operators, if MICRA applies – Lawuit must be filed within 3 years of accident; other pre-filing requirements may apply. Otherwise, lawsuit must be filed within 2 years of accident.
- Claims against the estate of someone who caused the accident but who has since died are often subject to shorter statutes of limitations than set forth above. Some deadlines are as short as 6 months.
- Cases against aircraft manufacturer – (including those alleging design defect) – No lawsuit allowed if accident occurred more than 18 years after date of manufacturer of aircraft of part causing the injury, subject to certain exceptions set forth in the General Aviation Revitalization Act.
Some deadlines are extended under special circumstances, such as when the victim is a child. On the other hand, some deadlines, like the 2- year Warsaw Convention deadline, are not extended for any reason.