Different cases under one label
Claims for injuries on international flights are usually governed by the Montreal Convention, which makes carriers responsible for passenger injury caused by an accident on board or while embarking or disembarking, subject to defenses that depend on the amount claimed. Domestic flights and private aviation are more often governed by state law, with federal safety standards in the background. Manufacturers of aircraft and components may face product claims, though a federal statute of repose limits some claims involving older general aviation aircraft. Commercial disputes over leasing, maintenance, and sales make up another large share of aviation litigation. Each of these follows a different path.
Investigations and evidence
After a crash, the National Transportation Safety Board leads the investigation, and parties to it, usually the operator, the manufacturers, and the FAA, take part under the board's rules. The board's probable cause findings are generally not admissible in civil cases, though factual material gathered in the investigation can often be used. Wreckage is typically held during the investigation and later released, so a preservation request to the owner or insurer should follow. Maintenance logs, pilot records, flight data, air traffic communications, and weather records are central. For in-flight injuries, the boarding pass, any crew incident report, and the medical records are the starting point.
Families, timing, and first steps
Federal law restricts unsolicited contact by lawyers with families for a period after a commercial air carrier accident; families themselves can reach out whenever they choose. Deadlines can be unusual: the Montreal Convention sets its own limit for bringing suit, and claims against public entities or foreign states follow their own rules. Jurisdiction is often contested, especially when the carrier, the manufacturer, and the passengers come from different countries. In a first meeting we identify the type of flight, the potential defendants, the governing law, and the forums available. We also discuss what the investigation has released and what evidence must be secured now.
