You and your loved ones deserve answers and compensation after suffering injuries in any airplane accident. This includes the American Airlines Airbus A320 hard landing incident. That is why at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., we specialize in helping and fighting for the rights of victims of aviation accidents.
We leverage our experience and skills to help victims just like you not only get answers to nagging questions, but also get the maximum possible compensation. And so if you or a loved one were affected by the hard landing in Maui, do not hesitate to contact us for a free no-obligation initial consultation by calling us at (713) 804-8149.
On January 28th, 2024, an American Airlines Airbus A320 executed what is known as a “hard landing” at Kahului Airport in Maui, Hawaii. According to the airline, the aircraft “experienced an issue upon landing” at around 2 PM local time. Six people were injured – five crew members and one passenger out of the 174 people onboard. All six were hospitalized and later released.
While the National Transportation Safety Board (NTSB) investigates the cause of the accident, as an injured passenger you may be wondering:
- What are my rights after this aviation accident?
- Who is responsible for my injuries?
- What compensation am I entitled to?
- How can an aviation accident attorney help me?
Here is what we, at Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., would like you to know about your legal rights as far as this incident, and any other incident like it, are concerned.
Legal Responsibility in an Aviation Accident
In the aftermath of any airplane crash or injury, determining legal responsibility is complex. Multiple parties could share liability, including:
- The airline company itself
- The aircraft manufacturer
- Component part manufacturers
- Maintenance providers
- The pilots or crew
- Air traffic controllers
- Aviation authorities failing to enforce regulations
The overarching legal principles governing liability in aviation accidents are negligence and product liability laws.
Most commercial plane crashes and incidents ultimately result from some form of negligence by one or more parties – failure to act with reasonable care, leading to passenger harm. However, identifying every entity accountable for safety lapses requires extensive investigation into aeronautics operations.
If the accident involved issues stemming from aircraft design or mechanical defects, the legal doctrines of strict liability and breach of warranty may also apply. This shifts focus to accountability throughout the entire supply chain of component parts and maintenance services. Aviation manufacturers and mechanics can be considered liable for putting dangerously defective products into the stream of commerce.
While it may be challenging for you to determine who was responsible for the hard landing, you needn’t worry. At Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., we can help. We have decades of experience handling such cases and are perfectly positioned to pinpoint all responsible parties and build a strong injury claim to demand accountability.
What types of damages can I recover?
After suffering injuries, lost wages, medical expenses, trauma, and other harms in an aviation crash, you want to know what specific economic and non-economic damages you’re entitled to pursue. This includes:
- Medical bills & costs – Any healthcare expenses stemming from accident injuries: hospitalization, surgeries, rehab, medication
- Lost income – Salary and benefits you were unable to earn due to crash injuries
- Pain and suffering – Compensation for physical pain, mental anguish, loss of enjoyment of life
- Wrongful death damages – If a family member perished in the crash, the surviving next of kin have standing to file a civil suit
In totality, our experienced aviation accident attorneys build your damage demand around both special damages – concrete out-of-pocket losses from crash injuries, as well as general damages for less quantifiable but very real non-economic losses.
What is the statute of limitations to file a claim?
Each state has defined legal deadlines dictating how long victims have to initiate lawsuits seeking damages in civil court after an accident. This limit is called the “statute of limitations”.
In Hawaii, the statute provides accident victims with two years from the date of injury to file, according to Section 657-7 of state laws. Out-of-state victims can file in their home jurisdiction or Hawaii, whichever allows more time. Certain exceptions apply.
But we advise our clients not to wait until the last minute because building the strongest possible legal claim takes significant investigation and preparation. Call Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. as soon as possible for a free case review so we can immediately issue information requests and litigation holds key evidence to meet any filing deadlines.
How much can I expect to receive in settlement or court award?
Forecasting the potential value or verdict range a client’s personal injury demand carries always depends on the unique circumstances of the aviation accident, the scope of damages, and the strength of evidence proving liability. Nonetheless, our transparent attorneys provide case valuations early on so you understand expectations.
I’m afraid to fly now after the accident and can’t stop thinking about what happened. Can I get compensation for this?
Absolutely. Being involved in a plane crash or hard landing can lead to lasting emotional trauma and psychological harm falling under “pain and suffering” damages you can pursue. Specific diagnosed conditions like PTSD, anxiety, depression, or phobias stemming from crash memories are common and valid harm categories. Husain Law + Associates — Houston Accident & Injury Lawyers, P.C.’s aviation lawyers will secure testimony from mental health experts to document crash-induced mental anguish.
What if the airline says the accident was due to bad weather? Can I still have a claim?
Inclement weather conditions do not absolve an airline’s fundamental duty to operate flights safely regardless of external hazards. In aviation legal terms, carriers have an “absolute liability” for protecting passenger safety even in poor visibility, storms, or turbulence per established protocols and procedures. If they fail to exercise due caution, divert flights, delay the landing, or take other responsible precautions in bad weather, severe negligence exists.
What if the injuries worsen over time?
With serious crash injuries like burns, orthopedic damage, or head trauma, health implications can worsen gradually over months or years. Our legal team re-evaluates case value if injuries degenerate, factoring in long-term effects. We fight so clients have resources needed for lifetime medical care, equipment, and home healthcare aides too if necessary.
I’m having trouble locating eyewitnesses to the crash. Can your law firm help?
Absolutely. Aviation crash eyewitnesses provide invaluable first-hand accounts for proving liability. Yet passengers get dispersed worldwide post-crash. At Husain Law + Associates — Houston Accident & Injury Lawyers, P.C., our skilled investigators leverage online tools, public records, media reports, and other means to comprehensively track down witness leads globally, obtaining their make-or-break testimony.
What if the airline tries to blame passengers somehow?
Air carriers often try shifting blame by alleging “contributory negligence” – actions or omissions by passengers that negligently caused or worsened accident harm. But such accusations almost always lack real substance. Experienced aviation accident lawyers defeat these predictable defenses.
How long do aviation cases normally take to resolve?
The typical timeline we see is resolution in 1-2 years. Complex crash investigations mean cases inherently take significant time. But Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. leverages litigation tools aggressively (depositions, subpoenas, court deadlines, etc.) to resolve matters promptly, avoiding excess delays. Our goal is always to secure justice ASAP for crash victims.
I also have severe property damage from lost luggage and personal belongings. Is that claim valid?
Yes, as aviation accident lawyers, we can pursue property damages on your behalf as well. This includes luggage/items lost or destroyed on the plane, replacement costs for belongings damaged at the scene, automobiles harmed if crash debris scattered beyond the site, and other property losses tied to the incident.
What happens if the airline goes bankrupt before my claim settles?
Federal bankruptcy law prioritizes passenger injury claims above almost all other airline debt. So even if an air carrier goes insolvent, our aggressive lawyers compel payouts for victims from these bankruptcy estates. We know how navigating complex bankruptcies works to ensure clients get paid first.
How Can an Aviation Accident Lawyer Help?
Although air travel is extremely safe statistically, occasional incidents and accidents still transpire. And when they do, passengers and families often struggle to figure out how to respond legally given the complex web of liability laws and regulations governing aviation companies.
This is exactly why injury victims need a seasoned aviation accident attorney on their side from the very start. An expert aviation lawyer helps in 3 key ways:
1. Perform a Comprehensive Investigation & Uncover All Liable Parties
The raw truth is this – no one will ever care about proving your particular case and uncovering every last detail like a determined aviation accident attorney with specialized expertise.
Whereas insurance payouts incentivize air carriers and aircraft manufacturers to hide safety lapses and shift blame, our sole mission is revealing the full truth about how the accident happened, who’s responsible, and constructing an airtight legal argument on your behalf.
We leave no stone unturned in issuing subpoenas, analyzing maintenance records, reviewing air traffic control communications, decoding flight data, demanding internal corporate documents, reproducing incident circumstances with aviation experts, etc.
In so doing, Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. aviation lawyers expose all safety violations, dangerous mechanical defects, inadequate employee training, negligence, and other lapses often covered up by powerful defendants without legal pressure.
You need these answers to achieve full justice.
2. Deal Directly with Insurance Companies And Fight For Maximum Compensation
Once the root causes and liable parties in your aviation injury case surface, our attorneys take over direct negotiations with combative insurance carriers.
We fight relentlessly so victims receive rightful compensation reflecting true damages sustained, rather than lowball offers. With veteran insights into claim valuations and time-tested negotiation tactics, we have extracted over $100 million for clients from stubborn insurers.
And unlike victims acting alone, our legal demands backed by litigation have teeth – insurance providers know we aren’t afraid to take them to court if reasonable settlement terms aren’t met. But you handle interactions.
3. Take the Case to Trial If Necessary
Most aviation accident lawsuits settle out of court once key evidence establishes negligence and product defects. However at times, when insurers remain unrealistic about claim value despite clear liability, we take matters before a judge and jury.
Our stellar in-court record of victories stems from two key advantages. First, tapping aviation experts to explain technical concepts in plain language. Second, skillfully representing victims’ painful experiences to evoke empathy and higher awards from juries.
Either way, Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. strives towards swift resolution so clients move forward promptly. Our No Fee Promise means legal fees only apply if we win compensation, giving you ultimate peace of mind.
Don’t struggle alone dealing with insurance companies and legal uncertainty after an air accident leaves you or your loved one with injuries. With decades of practice experience, the Husain Law + Associates — Houston Accident & Injury Lawyers, P.C. team will offer you compassionate, ethical representation for injury victims when it matters most. Our track record of successfully recovering record-setting settlements for our clients speaks volumes. And so you can be confident that we will get you the maximum possible compensation. Contact us today by calling us at (713) 804-8149 or filling out our online contact form.
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