1. Start with Jurisdiction, Parties, and Available Coverage
An aviation claim can involve operators, pilots, maintenance providers, manufacturers, and insurers. State law often supplies tort claims and damages, while federal aviation law can affect safety standards and preemption.
Identify Who May Be Responsible
- Trace the roles of operators, owners, pilots, maintenance providers, and manufacturers.
- Separate operational negligence from possible product or maintenance failures.
- Identify insurance policies and defendants that warrant further investigation.
Broader aviation matters may also overlap with aviation and military services.
Determine the Proper Court
- Examine where the accident occurred and where the parties are located.
- Assess diversity jurisdiction or another valid basis for federal jurisdiction.
- Identify the law governing the underlying civil claims.
2. Preserve Aircraft and Flight Evidence Early
Aircraft components, electronic data, records, and witness memories can become harder to recover. Early preservation should focus on evidence that may explain the accident.
Preserve the Evidence Trail
- Identify aircraft, component, maintenance, and operational records.
- Preserve pilot qualification and training materials when relevant.
- Use preservation notices or court-ordered relief when the circumstances support it.
Handle NTSB Materials Carefully
- Review available factual accident reports and relevant FAA records.
- Distinguish NTSB factual reports from Board accident reports containing Board determinations.
- Do not use Board accident reports as evidence in a civil damages action under 49 U.S.C. § 1154(b).
3. Build the Liability and Damages Record before Suit
Technical evidence and loss documentation should develop together. Reconstruction can test possible causes, while records document the claimant's losses.
Develop Technical Causation
- Match expert disciplines to the aviation issues actually in dispute.
- Review maintenance, design, weather, or operational evidence as needed.
- Test competing explanations before committing to a causation theory.
Document Recoverable Losses
- Organize medical expenses, lost income, and property losses.
- Preserve records supporting future economic loss when relevant.
- Apply the governing law to available categories of damages.
Fatal accidents may also require separate wrongful death accident analysis.
4. Use Insurance Negotiations to Test Early Resolution
Pre-suit negotiations can expose disputes over liability, coverage, policy limits, and damages. In multi-defendant cases, those positions should be evaluated together.
Build a Focused Demand Package
- Present liability evidence without treating disputed facts as established.
- Support claimed losses with organized records.
- Separate the roles and available coverage of different defendants.
Evaluate the Response
- Compare counteroffers with documented losses and litigation risk.
- Identify coverage disputes that may delay or narrow settlement.
- Decide whether further investigation, negotiation, or filing is justified.
5. File the Lawsuit and Define the Disputed Issues
If negotiations fail, the complaint frames the parties, claims, jurisdictional basis, and requested relief. Early motions may narrow the case before full discovery begins.
Frame the Pleadings Precisely
- Connect each claim to the conduct attributed to each defendant.
- Anticipate cross-claims and third-party claims in multi-defendant litigation.
- Keep federal regulatory issues distinct from state-law causes of action.
Respond to Early Motions
- Address jurisdictional and pleading challenges when raised.
- Preserve factual disputes that require discovery.
- Prepare for summary judgment on the record developed later.
6. Use Discovery and Experts to Test Causation
Discovery tests the early case theory against documents and testimony. Experts then assess whether operation, maintenance, design, or another factor supports the claim.
Target the Key Evidence
- Request records tied to the maintenance, design, training, and operational issues in dispute.
- Depose witnesses with direct knowledge of the relevant events.
- Plan preservation and production around applicable discovery obligations.
Prepare Expert Proof
- Develop causation and damages opinions from appropriate specialists.
- Test expert assumptions against records and physical evidence.
- In federal court, prepare expert testimony for admissibility review under Rule 702.
7. Prepare for Settlement, Trial, and the Next Step
Some cases resolve once discovery clarifies the evidence; others proceed to trial. Trial preparation should make technical aviation evidence understandable without losing the factual sequence behind the claim.
Prepare the Case for Decision
- Organize exhibits, expert testimony, and witness preparation.
- Present technical aviation issues in clear, fact-based terms.
- Use mediation or direct negotiations when they offer a realistic path to resolution.
Cases proceeding to verdict may require broader trial preparation.
Address What Comes after Resolution
- Complete settlement documents and address applicable liens.
- Enter and enforce a judgment when necessary.
- Review appeal deadlines and appellate options under the governing rules.
8. Frequently Asked Questions
How soon should an aviation litigation attorney review an accident?
Early review may be useful when aircraft evidence, maintenance records, electronic data, or witness information could become harder to obtain over time.
Can NTSB findings prove fault in an aviation lawsuit?
Not by themselves. Federal law bars use of Board accident reports in civil damages actions, while factual investigative materials are treated differently and remain subject to ordinary evidence rules.
Does an aviation accident automatically belong in federal court?
No. Aviation involvement alone does not create federal jurisdiction. A plaintiff still needs a valid jurisdictional basis, such as diversity jurisdiction or another applicable federal ground.
Can several companies be defendants in one aviation case?
Potentially. The answer depends on the facts, asserted claims, jurisdiction, and procedural rules governing joinder and third-party practice.
9. Review an Aviation Litigation Strategy with SJKP
SJKP's attorneys can assess jurisdiction, potential defendants, evidence preservation, insurance issues, expert needs, and litigation strategy from initial investigation through settlement or trial.
06 Oct, 2026
