How Aviation Accident Compensation Works in Florida

When you or a loved one suffer injuries or property damage in an aviation accident in Florida, you may have the legal right to pursue compensation from one or more parties whose negligence or fault led to the accident. However, obtaining aviation accident compensation can become complicated due to the complex laws and regulations governing aircraft and the aviation industry. As a result, you can best protect your rights and interests by working with an experienced aviation accident lawyer to pursue financial relief for your past, ongoing, and future losses from an airplane crash. 

Who Is Eligible for Aviation Accident Compensation?

Victims of aviation accidents may become eligible for compensation from the party or parties at fault for an airplane crash. For example, passengers on an airplane may have a claim against the aircraft owner, airline, or airplane manufacturer, depending on which party’s negligence caused or contributed to the crash. Innocent bystanders on the ground may also have compensation claims when a plane crash injures them or damages their property.

Finally, family members of airplane passengers or people on the ground killed in aircraft crashes can pursue wrongful death claims to obtain compensation for the financial and emotional loss caused by their loved one’s death.

Types of Claims You May Have After an Aviation Accident

Depending on your losses from an airplane accident, you may have various types of legal claims against negligent parties. Common examples of claims arising from aviation accidents include:

• Personal injury claims by passengers or bystanders on the ground
• Property damage claims by aircraft or property owners whose property sustains damage in an airplane crash
• Product liability claims against airplane or part manufacturers when design or manufacturing defects cause a plane crash
• Wrongful death claims by families who lose loved ones in aviation accidents

Types of Compensation Available After an Aviation Accident 

When you get hurt in an aviation accident as a passenger or as a bystander on the ground, you may have the right to recover compensation for losses arising from your injuries, including for:

• Costs of medical treatment and rehabilitation
• Costs of long-term disability care, including home health services, mobility equipment, or home renovations to install disability accommodations
• Lost wages or income from missed work
• Lost future earning capacity due to prolonged or permanent disabilities
• Physical pain and suffering
• Emotional trauma or distress due to disabilities or disfigurement and scarring

You may also have the right to seek financial recovery for property that was damaged or destroyed in the accident.

If you’ve lost a loved one in an aviation accident, your family may have a claim to recover wrongful death compensation for your financial and emotional losses, including for:

• Loss of your loved one’s financial contributions to the family
• Loss of your loved one’s services
• Loss of your loved one’s companionship, guidance, care, affection, and society
• Loss of consortium

How International Laws May Affect Aviation Compensation

Depending on the circumstances of an aircraft crash, international laws may play a significant role in determining accident victims’ or families’ rights to compensation. International laws can affect compensation following accidents involving international flights or when an aircraft from a company based in one country crashes in a different country.

Some aviation accidents may fall within the scope of the Montreal Convention, an international treaty adopted in 1999 that governs compensation for passengers and cargo owners in the event of delays, losses, or accidents. The Convention sets liability limits for airlines and establishes standards around compensation for consumers for delays, lost property, injury, or death. The treaty sets liability limits in Special Drawing Rights (SDRs), a unit of account used by the International Monetary Fund, based on the values of various national currencies.

The International Civil Aviation Organization, the United Nations agency tasked with implementing the Montreal Convention, regularly updates airline liability limits under the Convention. Beginning in 2025, liability limits increased to:

• 151,880 SDRs (approximately $202,500 USD) for bodily injury or death
• 6,303 SDRs (approximately $8,400 USD) for delays in passenger transport
• 1,519 SDRs (approximately $2,000 USD) for damage, destruction, or loss of baggage
• 26 SDRs (approximately $35 USD) per kilogram for damage, destruction, or loss of cargo

Furthermore, various choice of law rules in different countries may affect the applicable law for an aviation accident claim, which can also play a role in determining compensation.

Negotiating a Settlement After a Plane Crash

In many cases, aviation accident victims or their families may negotiate settlements with liable parties or insurance companies. Negotiating a settlement after an airplane accident can involve various challenges and complexities, including:

• Difficulties in investigating the cause(s) of the accident, including waiting on the results of FAA and NTSB investigations
• Delays in processing of insurance claims, which may occur due to challenges outside the insurance company’s control or may constitute a tactic designed to pressure claimants into smaller settlements
• Cases that involve multiple potentially liable parties, including aircraft manufacturers, aircraft maintenance companies, or airlines
• Competing jurisdictional issues, as an accident may occur in one jurisdiction involving an aircraft registered in another jurisdiction and injuring people from a third jurisdiction

Depending on the amount of compensation involved in a plane accident settlement, parties may negotiate between a lump sum settlement or a structured settlement. Parties may favor a structured settlement for substantial amounts of compensation, as paying a settlement over time or through an annuity allows defendants to afford larger settlements more easily. Structured settlements can also provide affected parties with a steady income stream that can compensate for the loss of income or the earnings of a deceased family member.

An experienced attorney can help parties negotiate fair compensation in an aviation accident claim and walk them through their options for the different types of settlements they might negotiate with a liable company or insurer. 

Contact an Aviation Accident Lawyer Today

After an aviation accident in Florida, you deserve to pursue compensation for your losses after suffering injuries or property damage or losing a loved one. Contact Weisser, Cummings, Podolnick & Chernoff, PLLC today at (561) 880-0100 for an initial consultation with an aviation accident attorney to discuss your options for pursuing a legal claim and learn how we can help you seek financial recovery.