Sadly, on January 29, 2025, 67 people died in the U.S.’s deadliest plane crash in recent history. The last major aviation accident in Washington, D.C., occurred in 1982 and took the lives of 78 passengers. The midair collision between the Blackhawk helicopter and American Airlines passenger jet in D.C. is still under investigation by the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA), and it will be for some time.
Ever since the deadly D.C. plane crash, news outlets across the U.S. and around the world have been regularly covering aviation mishaps, near-misses, and other accidents. As a result, there’s heightened public concern about the safety of airplane travel as the public continues to hear about these incidents, such as the recent discontinued landing at Ronald Reagan Washington National Airport.
While it may seem that aviation accidents and close calls have increased, plane crashes have decreased over the past 20 years, even as the number of daily flights has risen. Flying remains one of the safest ways to travel. Regardless, aviation accidents and injuries still occur. Beyond fatal injuries from crashes, there are many ways passengers can be injured while flying. Though serious incidents are relatively rare, it is important to know what to do when you or a loved one suffers an injury on a commercial flight.
Below are some steps to follow if you suffer an injury while flying, but more importantly, know that before accepting a quick settlement, first contact an airplane accident lawyer to discuss your legal options.
1. Seek Medical Assistance
Airplanes have first aid kits, and the crew is trained to assess and treat a multitude of injuries and mitigate symptoms. They also need to know the severity of an injury so they can follow procedure and seek additional help if needed.
If the injury is serious or they think it could be, the crew typically makes an announcement to see if any doctors or other healthcare professionals are on the flight. The pilot will also be involved at this point; they will communicate with a team on the ground for guidance on managing the injury until the plane has landed. If necessary, they will request medical support at the gate or even make an emergency landing if a catastrophic injury occurs.
2. Report the Aviation Injury
Whether you need first aid or not, you should report the injury to a crew member. They should have official paperwork on board that you can begin filling out. If they don’t, make sure several crew members are informed of your injury, write down their names, and then go to the airline’s kiosk immediately after you land.
Airlines are required by the United States Department of Transportation (DOT) to keep passenger complaints and respond to them within 60 days. Reporting an aviation injury is an important step because it begins a paper trail of the in-flight incident and the harm you endured – and it will be part of the evidence used when building your case and negotiating with those liable.
3. Document the Accident and Injury
If able, begin documenting the airplane accident injury after you seek medical attention. If a loved one was seriously injured, start the documentation for them. Write down the time and date of the incident and the contact information of witnesses that can corroborate your story.
Note your surroundings, what happened before and after the accident, who and what were involved, and any known causes. If possible, take pictures of the injury and the area where it occurred. Assess what parts of your body may be impacted, including if you hit your head; traumatic brain injuries and concussions are not always immediately obvious, but they can have devastating effects, so do not overlook a thorough assessment of your body and the situation.
Thanks to legislation, airlines are held to a higher standard of care than the average liable party in other types of personal injury cases. This also applies to their employees, such as pilots, flight attendants, and maintenance crew. Documenting the accident and injuries is crucial to determining how their negligence or a defective part or equipment caused what happened.
4. Do Not Sign or Agree to Anything Without Consulting an Aviation Accident Attorney
Those who suffer an airplane accident injury have rights, but insurance companies, airlines, and the government frequently take advantage of victims by offering a low settlement. For example, the liable party may claim that an injury caused by turbulence was unavoidable, and therefore, there’s no basis for a lawsuit. But there are many scenarios in which this is not the case.
The quicker an airline or insurance company can get you to agree to a settlement and/or sign a statement, the better it is for them, not you; their response to injuries and the initial offer is always based on protecting their bottom line, not what you deserve. Accepting a quick settlement can affect your right to seek further compensation. This is why it’s important not to sign or agree to anything before speaking with an attorney.
5. Contact an Experienced Airplane Accident Injury Attorney
Regardless of the cause, lawsuits involving airplane crashes and onboard accidents are complex, and often, multiple parties are liable. Airplane injury lawsuits are typically based on negligence, like pilot error or a flight attendant not following protocol, or strict product liability, such as a defective or faulty airplane part.
These cases require an experienced aviation injury lawyer who is not afraid to take on wealthy public entities and hold them accountable for their role in victims’ injuries and deaths. There is also a wide range of damages to consider in airplane injury lawsuits. Hiring an attorney who has the resources needed to thoroughly investigate what happened and determine the value of a claim ensures victims are protected and adequately compensated.
Airplane accident lawyers consult with experts and negotiate with the liable parties, all of which lessens the burden on the victim so they can focus on healing. If the NTSB is involved, an attorney will review their report once completed. Often, the report is invaluable evidence that reinforces the basis of an airplane accident claim. Attorneys also ensure filing requirements and deadlines are met.
6. Gather Evidence
On top of thoroughly documenting the accident after it occurs, there is other key evidence that’s needed when you are injured on a commercial airplane. Your attorney will have an integral role in gathering all the evidence you need to build a strong airplane accident lawsuit that holds up during negotiations and in the courtroom. Evidence includes copies of medical reports, treatments, and bills, getting witness statements, and detailing everything about the accident and who and what was involved. The evidence gathered for an aviation injury case helps determine how much compensation should be sought.
Another crucial form of evidence is the cost of the injury beyond its immediate impact. With serious injuries or wrongful death cases, the long-term costs must be considered. Beyond initial medical bills, lost wages, loss of earning capacity, or loss of an income due to death, future medical costs, pain and suffering, and emotional stress are some of the factors that affect how much an airplane accident case is worth. The evidence must clearly support the damages that are sought.
Our Aviation Accident Attorneys Can Help
Minor to serious injuries can occur when you’re on an airplane, even when it’s not in flight. Rolling carts, overhead bins that are not properly secured, slips, trips and falls in the aisles or bathrooms, and failed landing gear are all causes of airplane accident injuries. While plane crashes are rare, when they happen, they are often catastrophic, forever changing the lives of victims and their families. In the worst cases, they can be fatal.
At Curcio Law, our airplane accident lawyers leverage their expertise and deep understanding of federal regulations and applicable laws when representing aviation injury victims. Our compassionate Northern Virginia and Washington, D.C. attorneys have seen firsthand the impact of these injuries and are dedicated to getting justice and compensation for those we represent. We’ve taken on businesses and organizations with significant resources and an army of lawyers on their side and still get the results our clients need and deserve.
If you or a loved one was injured or killed in an aviation accident, contact Curcio Law online or call or text at 703-836-3366 for a free consultation.
Justin Curcio joined Curcio Law in January 2020. Justin received his J.D. from St. John’s University School of Law in 2015. After passing the Virginia Bar in 2015, Justin was in-house counsel for an insurance defense firm (Allstate/Esurance/Encompass) for over four years before joining Curcio Law. During law school, he worked for the Nassau County District Attorney’s Office and the law firm of Bartlett, McDonough & Monaghan, LLP. Contact Justin at jcurcio@curciolaw.com.
