Aviation law is a highly specialized field, so it’s essential to choose an attorney with extensive experience in this area of the law. Look for an attorney who belongs to industry-specific trial associations, a sign of special knowledge and expertise.
A knowledgeable aviation lawyer can help clients recover compensation for their losses and injuries in plane or helicopter accidents. These specialized lawyers can also assist with enforcement action cases.
Experience
During a free consultation, ask your prospective attorney about their experience with aviation law. They should give you an accurate idea of what they can do for your case. Then, you can decide if they fit your needs well.
No two aviation cases are the same. They are complex, high-stress matters with many different factors that come into play. Therefore, no one-size-fits-all defense is going to work in every accident. Consequently, it is crucial to have an experienced lawyer by your side.
Experienced aviation lawyers understand the complexity of the industry and have experience dealing with a wide range of issues. For example, they can help you structure your aircraft ownership and operation to minimize liability and comply with FAA and DOT requirements. They can also assist you with negotiating lease agreements, purchase and sale transactions, aircraft financing, and tax deductions. They can even handle litigation involving aviation accidents and defective products. Find out if they belong to industry-specific trial associations or groups, which can indicate their expertise and knowledge in the field.
Reputation
When people need help buying, owning, or selling a business jet or other aircraft, they often turn to their regular lawyer. But this can be a mistake.
Ask the aviation lawyer you’re considering whether he or she is a member of any industry-specific trial associations. These groups require high levels of experience and qualifications to be offered membership.
It would help to ask the attorney whether they have previously trialed aviation accident cases. An experienced trial attorney will not be intimidated by insurance companies and may be able to negotiate a better settlement for you. A reasonable attorney can discuss the number of cases he or she has successfully taken to trial and provide evidence of this success, such as copies of court documents and judgment awards.
Personality
In aviation, communication skills are vital. Pilots, cabin crew, and air traffic controllers must be transparent in their instructions to avoid confusion and misunderstandings, which could lead to accidents. In addition, airport workers such as baggage staff, security agents, and boarding gate personnel must all work together effectively to keep busy hubs functioning.
Personality is an individual’s unique behavioral, cognitive, and emotional patterns that determine how they respond to situations. Personality traits are relatively stable over time but can vary from one person to another. For example, some people are more outgoing and friendly than others, while others are more conscientious and organized.
When choosing an aviation lawyer, look for an advocate who embodies these personality traits so that they can fight passionately on your behalf and ensure you receive fair compensation following your accident. Additionally, make sure the attorney has a strong reputation in the industry and is a member of trial associations or other aviation groups related to enforcement action cases. This will demonstrate their depth of knowledge and industry reliability.
Knowledge of the Law
The law in aviation is complex, and the lawyer specializing in it should have extensive knowledge of state and federal laws about air travel. They should also have experience with statutes related to flight safety, aviation accidents, and business aircraft transactions.
It is essential to consider whether an aviation accident attorney has been a member of any industry-specific trial associations. These groups have strict requirements for membership, which shows that the lawyer has exceptional knowledge and expertise in aviation accidents.
In the event of an accident, qualified aviation attorneys can advise on who has a right to bring a lawsuit or recover damages. Depending on the circumstances, this could include anyone injured in the crash, their spouse, the legal guardian or personal representative of the estate of a person killed in the accident, and people who suffered emotional harm. In addition, the aviation attorney will evaluate the statutory laws of the forum in which the case is being brought to determine which jurisdiction’s laws are applicable. This is important because many governmental entities involved in the aviation industry have extremely short deadlines to respond to lawsuits.
Flexibility
When purchasing, selling, or leasing aircraft, business owners must structure their ownership to 1) minimize liability, 2) comply with FAA and DOT regulations, and 3) maximize tax deductions. A good aviation lawyer can help with these issues and more.
A qualified aviation lawyer is often licensed and may have formerly worked as a commercial airline pilot. This experience gives him or her firsthand knowledge of aviation practices and regulations, and it can prevent miscommunication between client and lawyer about what is and isn’t allowed in the industry.
In addition to business aviation matters, aviation attorneys work on aviation accident cases and handle other litigation, such as partnership disputes, warranty claims, and airport lien foreclosures. When you meet with an attorney, ask them whether they will be the person litigating your case or if they plan to delegate any portions. A quality attorney will be open about their plans and willing to discuss them with you. If they cannot, this is a red flag, and you should seek another lawyer.