Other countries severely limit compensation that may be awarded in wrongful death lawsuits arising from airline accidents. For example, many other countries do not allow families to be compensated for loss of a loved one’s "care, comfort, or society." As a result, in almost all situations, the best venue for a family’s lawsuit against an airline
montreal convention
First Air France Flight 447 Lawsuit: Questions and Answers
The families of Michael and Anne Harris, the American couple on board Air France Flight 447, filed suit this week in Houston federal court. It’s the first lawsuit arising from the crash. The most frequently asked questions about this suit are:
Question: Aren’t the families jumping the gun? The
black boxes haven’t yet been recovered, and may never be. For…
Statutes of Limitation in Aviation Accident Cases
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…
Compensating the Families of Air France Flight 447
Are the passengers’ families entitled to compensation for their loss? From whom? Does it matter what caused the crash? Can the families sue in the United States?
Air France is Responsible Regardless of the Cause of the Accident.
The Montreal Convention requires Air France to compensate the families as long as the crash was…
US Airways Flight 1549: What Claims Do The Passengers Have?
Some Flight 1549 passengers have reportedly "lawyered-up." What legal claims do they have?
Putting aside the question of whether pursuing the claims is the right thing to do — some say they should simply count their blessings — do the passengers have any claims to begin with?
Well, it depends on the law that applies. For…
Warsaw and Montreal Conventions
An airline’s liability for a passenger’s injury or death is most often determined by state law. But if the passenger’s trip includes a stop in a foreign country, then the airline’s liability is controlled entirely by international treaties. The treaties are known as the Warsaw Convention and the Montreal Convention.
The treaties also govern a…