It started as an ordinary day. Your loved one got on a plane like they had so many times before, headed to a business meeting or family vacation. Then the unthinkable happened. The plane went down, lives were lost, and your world shattered in an instant. An aviation accident resulting in the wrongful death of cherished family members is an unimaginable tragedy that no one should ever have to face. But if it does happen to you, know that you are not alone.
At Stewart Miller Simmons Trial Attorneys, we have supported many families through the heartbreak and challenges of losing loved ones in plane crashes. Based on our experience advocating for victims in the Atlanta area, we want to share some guidance on what to expect and steps you can take if you find yourself in this devastating situation.
Allow Yourself to Grieve
First and foremost, be gentle with yourself and allow the grieving process to unfold. There is no “right” or “wrong” way to mourn. You may feel numb and disconnected or overwhelmed by intense sorrow, anger, and disbelief. All of these reactions are normal and valid.
Grief is not linear. Some moments will feel manageable, while others hit like a freight train. You may think you are doing better, then get knocked over again by a wave of anguish. Certain dates, holidays, songs, smells, or other reminders can trigger strong emotional responses even years later. Let the feelings come and go. Cry when you need to cry. Talk when you feel ready to talk.
Take care of your physical health with nourishing food, rest, and gentle exercise. The pain does not go away, but most people find it softens with time as you learn to carry it.
Dealing with Aviation Accident Investigations
If your loved one died in an aviation accident, you will quickly realize that these cases are extremely complex. Expect an onslaught of attention from media, airlines, insurance companies, government agencies, and law firms in the early weeks.
The National Transportation Safety Board (NTSB) is the federal agency responsible for investigating all civil aviation accidents in the United States. They will examine factors like the condition of the aircraft, actions of the flight crew, maintenance records, and weather to determine the probable cause(s) of the accident.
This process often takes 12-18 months. The NTSB will issue a preliminary report a few days after the accident with the basic known facts. However, this report is subject to change as the investigation progresses. The NTSB will later share a factual report and host a public meeting to discuss their conclusions. Family members can attend these meetings but cannot ask questions.
If the crash happened abroad and involved a U.S. airline or American-made plane, the NTSB may participate in the investigation. However, the country where the accident occurred legally has jurisdiction. This can add extra layers of complexity.
Airlines must follow strict procedures after an accident according to the Aviation Disaster Family Assistance Act of 1996. The airline is required to provide a reliable, publicized toll-free telephone line for family members, inform families prior to releasing passenger names, and offer transportation to the accident location and the return of remains. They must also provide updates on the investigation.
However, be aware that insurance adjusters, attorneys, and representatives from airlines may reach out with requests for statements or signatures. Exercise caution with these interactions and avoid signing any releases or agreements without consulting an attorney looking out for your interests.
Consider Legal Action
Sudden deaths in aviation accidents are not random acts of God. They happen because someone – an aircraft manufacturer, maintenance contractor, airline, or other party – was likely negligent. If the carelessness of another party contributed to your loved one’s death, you have the right to pursue a wrongful death lawsuit seeking accountability and compensation.
While no amount of money could ever replace your cherished family member, a settlement or verdict can ease financial stresses and provide a measure of justice. Depending on the details of the crash, you may have claims against the airline, manufacturers of the aeroplane or component parts, maintenance providers, the pilot and flight crew, airport personnel, government agencies, or other negligent entities.
Aviation accident cases tend to be very technical and high-stakes, often involving multiple defendants. Therefore, it is essential to choose an attorney with specific experience handling complex plane crash cases who can go toe-to-toe with big corporations. Look for a law firm that has relationships with top aviation experts, a track record of successfully resolving major cases, and the resources to see your case through.
Honor Their Memory and Find Your Path Forward
After the funeral, the hard work of learning to live with loss truly begins. Well-meaning friends and family may encourage you to “move on,” but grief has no expiration date. Imagine your love for the person who died as a beautiful wooden ball you carry in your pocket. At first, it has sharp, spiky edges that jab you constantly. But over time, as you turn the ball over in your hands, the edges begin to smooth. It is still just as solid – your love is undiminished – but you learn to carry it with you in a way that is not so painful.
As you adapt to the “new normal” of life without your loved one physically present, you may find meaningful ways to honor their memory. This will look different for everyone. Perhaps you establish a scholarship in their name, participate in a charity event, or plant a commemorative tree. Some families become advocates for aviation safety improvements or reach out to support others facing similar tragedies.
We Are Here for You
If someone you love was taken too soon in an aviation accident, know that you do not have to walk this road alone. The team at Stewart Miller Simmons Trial Attorneys is here to offer compassionate, experienced support for families in the Atlanta area through the uncharted territory of grief and complex legal proceedings. Though their seat is empty, your loved one’s light lives on in your memories and in the ways you honor them. We are here to help you seek justice in their name. Call us today on (404) 529-3476 to schedule a consultation.