The recent helicopter crash on the Isle of Wight, which tragically claimed three lives, and the fatal medical plane crash at Southend Airport serve as stark reminders of the devastating consequences of aviation accidents. While these incidents are rare, their impact on victims and their families is immense and complex. For those affected, navigating the legal aftermath can feel overwhelming, but understanding your rights is the first critical step toward seeking justice and compensation.
Why do aviation accidents happen?
The public often views aviation as a singular entity, but accidents can involve a variety of aircraft, from private planes and helicopters to commercial jets and planes. The causes are equally diverse, and investigations by the UK’s Air Accidents Investigation Branch (AAIB) often point to a combination of factors. These include mechanical or structural failures linked to the aircraft itself, such as a faulty engine part, a component failure or a defect in the aircraft’s design. Pilot or operator errors where mistakes made by the flight or ground staff lead to an accident taking place, unpredictable weather conditions where weather conditions push an aircraft and its pilots beyond their capabilities as well as maintenance issues where negligence in the upkeep and servicing of an aircraft can all lead to catastrophic failures. In many cases the causes of an accident are down to the negligence or errors of those operating it but not always as faults caused by air traffic control, a manufacturer, or another party responsible for its upkeep can equally lead to catastrophic incidents.
The AAIB’s role is to improve safety by establishing the circumstances and causes of air accidents and prevent future accidents. They do not apportion blame or liability but are there to investigate what happened to prevent it from happening again. When it comes to seeking justice and compensation for injuries suffered because of an aviation accident, one needs to turn to the civil legal process and seek the support of a specialist personal injury solicitor.
Aviation personal injury claims
Unlike a criminal investigation, a personal injury claim focuses on proving negligence and holding the responsible parties accountable for their actions with the purpose of seeking compensation to help victims get their lives back together following an incident. This can be the aircraft operator, the maintenance company, or a third-party company that is found responsible for the accident.
For victims and bereaved families, the legal process in England and Wales typically involves:
Detailed investigation: When investigating an aviation personal injury claim the initial work needed involves gathering all available evidence. This includes reviewing the AAIB’s final report, any witness statements, flight data, maintenance logs, and medical records. At Enable Law our team of specialist solicitors work alongside aviation experts to interpret the technical findings and build a strong legal case on what caused the accident.
If an aviation accident results in a death in the UK, an inquest will be held. An inquest may be opened and adjourned until accident investigations have been carried out which may take some considerable time. We can support families during this time and arrange representation at any inquest. It is important to remember that it is not the role of the Coroner to attribute fault.
Determining liability: The next step is to identify all parties at fault. For instance, in a recent fatal crash, a pilot’s misjudgement of weather conditions may have been a factor, but a separate investigation uncovered a pre-existing mechanical fault that contributed to the accident, implicating the company responsible for its maintenance. In this case the solicitor and the relevant experts would need to apportion who was at fault for the accident to be able to make the claim against the correct party and ultimately their insurer.
Securing fair compensation: The goal is to secure compensation that covers all losses, both financial and personal. That includes understanding the immediate and long-term impact the incident will have on the client and their family and ranges from medical costs and ongoing rehabilitation to loss of earnings if they need to take significant time off work or are unable to return to work. Other considerations could include the financial implication of other changes they need to make to their lives like moving house if they suffer injuries that make their previous accommodation unsuitable or securing help for them if their injuries have an impact on their ability to carry out day to day tasks. For families who have lost a loved one a personal injury solicitor will help them access compensation for bereavement and financial dependency to help alleviate the financial challenges brought by their loss.
How we can help
At Enable Law we have a dedicated personal injury team who specialise in supporting people who have suffered life changing accidents as the result of the negligence or actions of others. When it comes to aviation accidents, we have experience supporting people whose accident happened both in the UK and abroad. Under English legislation you can bring a claim in the English courts if the individual impacted is an English or Welsh national or permanent resident or if the party at fault operates in England or Wales.
If you or a loved one have been the victim of an aviation accident, we may be able to help you. To have a free, no obligation, confidential discussion with a member of our team give us a call on 0800 044 84 88 or fill in our contact form so we can call you back at a time convenient for you. We know how hard it is to talk about a traumatic experience like aviation accidents frequently are and are happy to visit you in hospital or later at home to help make sharing your experience with us as easy for you as possible.
