When To Hire an Aviation Law Lawyer

Airline crashes still happen despite the aviation industry’s technological advances. According to the Aviation Safety Network, there were 156 aviation disasters worldwide in 2025, resulting in 548 deaths. Sometimes, these accidents are due to faulty aircraft maintenance. Other times, they are due to negligence of air traffic control.

Crash victims typically suffer life-threatening injuries and need extensive medical care. They also incur tremendous medical expenses. The last thing they want to do is fight with the insurance company about their claim. This is where aviation lawyers can help.

Aviation accidents occur in several ways. This article discusses the most common types of airplane accidents. You’ll also learn what to do if you or your loved one is injured or killed in an aviation crash and how an aviation law attorney can help you through the legal process.

What Is Aviation Law?

Aviation law covers the legal aspects of:

• Air transport
• The use and regulation of airspace
• Air travel business, including airport operations

Legal issues range from aircraft accidents to noise complaints. Because air travel is primarily interstate, federal law regulates most of the aviation industry.

States have no control over ticket prices, routes, or airline services. The Federal Aviation Administration (FAA) controls those areas. States may pass laws that do not hinder federal laws, such as zoning laws for noise control and hours of operation at state airports.

Aviation Oversight and Regulation

The Federal Aviation Administration (FAA) handles most aviation regulations and standards. The FAA enacts rules on interstate navigation, air traffic control, and pilot licensing. The National Transportation Safety Board (NTSB) investigates aviation accidents and makes recommendations to the FAA. The Transportation Security Administration (TSA) handles airline and airport security.

State laws may not preempt federal laws. A state law that makes it overly difficult or impossible to obey an FAA statute will get preempted by the federal law in court. States may regulate outside the areas of aviation safety and efficiency.

For instance, a state may not prevent airlines from using certain landing and takeoff routes for an airport. The state can limit when planes can take off for noise control or environmental reasons.

Other areas states can regulate include:

• Airports and airport parking. Airport operations may be subject to oversight by TSA or other branches of Homeland Security.

• Airspace to 400 feet. The FAA has a “carve-out” for recreational Unmanned Aircraft Systems (UAS) under 55 pounds, or drones, in its regulations. Drone operators can fly these craft below 400 feet without needing FAA licenses. States and municipalities may restrict drone use below 400 feet for specific reasons.

• Leasing hangar space and private airfields. State departments of transportation oversee private aerospace facilities to varying degrees. Airplane accidents in these locations are the responsibility of the aircraft owners unless there is serious injury or death.

Cases involving aviation-related issues, such as personal injury claims from an airport garage traffic accident, may still need an aviation attorney. The interrelation of federal and state laws needs an experienced litigator to untangle correctly.

Types of Aviation Accident Cases

Most aviation litigation concerns airplane and helicopter crashes. But many personal injury lawsuits result from other types of accidents. For example, some people suffer a slip and fall while at the airport. Others hurt themselves while boarding or leaving a flight.

Some of the more common aviation lawsuits involve the following:

• Severe turbulence
• Rough landing
• Emergency landings
• Actual crash
• Food poisoning
• Burn injuries
• Hit by luggage or airport equipment

Anybody injured on an aircraft or in an airport has a potential claim for damages. Your legal team must determine the nature and extent of your injuries. Your trial lawyers will also need to prove fault and demonstrate your losses.

Most personal injury lawyers litigate aviation accidents under the general legal principles of negligence. Sometimes, courts treat these cases under:

• Product liability
• Wrongful death
• Personal injury law

For example, pilots must meet specific care standards when operating an aircraft. If they fail to meet these standards, the court may find them negligent and liable for passengers’ injuries.

Aviation Accidents and Wrongful Death Claims

If your family member dies in an aviation accident, you may have a claim for wrongful death. As long as your injury attorney can prove that their death was the result of an aviation accident, your family may receive damages.

Every personal injury case is different. There’s no guarantee how much money you’ll receive. It depends on several factors, including:

• Age of the victims
• Income
• Burial and funeral expenses
• Health of the victim before the accident
• Strength of the evidence

These cases become complicated rather quickly. So, you should contact someone who handles wrongful death cases.

Jurisdiction in Aviation Lawsuits

Aviation accident lawsuits often pose problems regarding jurisdiction. When someone suffers an injury on a cross-country flight, determining which state has jurisdiction can be challenging. Is it the state where the plane originated? Or is it the state in which the airline accident occurred?

Some states have their own aviation laws. But most flights cross state borders. When this happens, Federal Aviation Administration (FAA) rules apply. Furthermore, the National Transportation Safety Board (NTSB) investigates all aircraft accidents.

This is one reason most aviation accident victims retain an experienced airplane accident lawyer.

Who May Need an Aviation Law Attorney?

Aviation attorneys represent those injured in an aviation accident. In wrongful death claims, they work with the loved ones of the deceased. In both these cases, attorneys pursue compensation for the losses caused by the crash.

Aviation attorneys also help pilots, air carriers, maintenance companies, and other aviation businesses facing claims after an accident.

Large airlines have teams of aviation accident lawyers to handle personal injury claims after major accidents. In-house attorneys also represent their clients in product liability cases (such as the Boeing 777 MAX cases). They may challenge changes in federal aviation regulations.

Smaller air carriers and private pilots may need legal advice when facing personal claims. Airplane crashes may result in injury or wrongful death, which can lead to litigation. Small businesses need legal representation for lost cargo or breach of contract cases.

Aviation litigation can include third-party vendors. If your small airline served a snack that caused five of your customers’ food poisoning, you must join the food company in the lawsuit. Aviation crashes often involve aviation manufacturers and product liability due to broken parts.

How To Find an Attorney for Your Aviation Legal Issue

If you’re considering filing a lawsuit against an airline or other aviation professional, meeting with an attorney first is a good idea. You want to ensure your case is worth pursuing before wasting your time, money, or effort.

An experienced aviation attorney can also explain your legal options if you or your business is facing an aviation-related legal matter.

Whichever end of a legal claim you’re on, FindLaw’s directory of aviation attorneys can start your search. Enter your city or ZIP code to find qualified legal help in your area. Your search results will also show ratings and contact information. Many attorneys offer free consultations.