Filing Your Aviation Accident Injury Claim

Don’t Delay Your Claim After a Crash

Airplane accidents leave a mark you feel on your body and your budget. Hospitals, forms, phone calls. The noise is constant. You want calm, straight talk, and a plan that actually moves. 

Our personal injury attorneys at Horn Wright, LLP, handle aviation injury claims in New York, and we also serve New Jersey, New Hampshire, Vermont, and Maine. Filing rules and damages differ by state, and those differences matter. 

New York uses Civil Practice Law & Rules Section 214(5) for personal injury time limits, while Estates, Powers, & Trusts Law Section 5-4.1 controls wrongful death filing. New Hampshire’s modified comparative negligence and New Jersey’s separate wrongful death framework shift strategy and timing. 

We match your case to the right rules, then push for full recovery. If you want answers now, call (855) 465-4622 for a focused review and next steps tailored to you. We work the process, keep you updated, and protect the claim while you focus on getting through each day. Short steps, done right, add up fast.

Why Filing Fast Changes Everything

Speed sets the tone for your case. In New York, the clock matters because evidence fades, people move, and memories blur. 

Civil Practice Law & Rules Section 214(5) sets three years for personal injury, but waiting undercuts leverage long before that date arrives. For families facing a loss, EPTL Section 5-4.1 imposes a two-year limit, which passes sooner than anyone expects during investigations.

Acting early also helps lock down sources you don’t control. The National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA) gather data on cause and safety, while the Port Authority of New York and New Jersey or local police secure the scene. Their reports become the backbone of many claims. 

When our aviation and airplane accident attorneys move quickly, we’re ready to request records, issue preservation letters, and line up the facts that give your case weight. Filing isn’t just paperwork. It’s strategy. Early filings help us set the narrative with insurers and defense lawyers. 

We put your injuries, your losses, and your path forward on record. That record is the shield and the sword you’ll rely on through negotiation and trial.

What Filing Really Looks Like Step by Step

Filing gets easier when you see the path in front of you. Here’s how we structure the work so each task builds the next.

• Medical care and documentation. Your health comes first, and your records show why compensation is necessary. Treating doctors connect injuries to the crash and outline future needs. Consistent follow-up proves seriousness to insurers and courts. We organize those records so nothing gets missed.
• Agency findings and safety data. NTSB factual reports, FAA enforcement actions, and operator submissions reveal how and why the event happened. Those materials carry authority in courtrooms. We review maintenance logs, training files, and flight data alongside expert analysis. The technical story supports the legal one.
• Evidence you control. Photos, video, and witness contacts fill gaps official reports won’t cover. A timeline with pain levels, missed work, and daily limitations shows real-world impact. Together, these details counter defense arguments designed to minimize harm. The more precise the picture, the stronger the negotiation.
• The lawsuit that starts the fight. We file a complaint in the right New York court and name every responsible party. The pleading spells out fault, injuries, and damages with clarity. That filing triggers discovery, where we obtain black box data, manuals, and communications. Once discovery begins, leverage grows.

Who Bears the Blame When Planes Go Wrong

Aviation cases rarely point to a single cause. Several players may share responsibility under New York’s comparative fault framework in CPLR Article 14-A. We map the chain of decisions and failures that led to harm, then assign accountability with evidence that sticks.

Airlines face exposure when training falls short, maintenance slips, or scheduling choices push limits. Pilots can share fault if decisions in the cockpit caused or worsened the outcome. Manufacturers and parts suppliers may be liable under product liability principles when a defect or inadequate warnings contribute to the event.

Contractors matter too. Ground service providers, repair vendors, and third-party operators often control critical steps behind the scenes. When they cut corners, risk spikes. 

We pursue every entity that played a role so your recovery doesn’t depend on a single pocket. That approach protects you if one defendant tries to shift blame or lacks coverage.

What You Can Recover When You File in New York

Filing is about getting the resources to rebuild your life. New York recognizes several categories of compensation that meet real needs after a crash.

• Medical costs today and tomorrow. Hospital stays, surgery, therapy, medication, and assistive devices add up quickly. Future care can last years. Your claim should reflect both immediate bills and long-term treatment projections. We use expert opinions to anchor those numbers.
• Income losses and career impact. Paychecks stop, savings dip, and opportunities shrink when injuries linger. Claims cover past lost wages and the future earning power you lose. We quantify promotions missed, benefits lost, and reduced capacity. That math matters for stability.
• Pain, suffering, and emotional harm. Trauma doesn’t always show on a scan. Courts in New York allow compensation for physical pain, anxiety, and loss of enjoyment of life. We document how symptoms change your routines, relationships, and sleep. A human story belongs beside the medical file.
• Wrongful death damages. Families can pursue funeral costs and financial losses tied to a loved one’s support under EPTL Section 5-4.1. We account for services the person provided at home and the guidance they gave. These claims honor what was lost and help families keep going.

Guard Your Claim While You Heal

Insurers and defense teams watch closely after a filing. Simple choices can protect the case while you recover.

• Keep posts and photos under control. Online updates can be misread. A smiling picture can be used to argue you’re fine. Comments can be taken out of context. Silence online avoids a headache you don’t need.
• Direct adjusters to your lawyer. Friendly voices still work for the insurer. They’re trained to gather statements that reduce payouts. We handle those conversations so your words aren’t twisted. Clear boundaries lower risk.
• Follow treatment plans to the letter. Skipped appointments or gaps in therapy become talking points for the defense. Staying consistent shows your injury is real and ongoing. It also improves your health. Both outcomes help the claim.
• Save everything tied to the crash. Receipts, mileage to therapy, pharmacy costs, and home modifications tell a fuller financial story. Organized files make damages clear to a jury and an adjuster. We set up a simple system so nothing gets lost.

How Our Team Builds Aviation Cases That Hold Up

Aviation claims mix engineering, medicine, and law. We bring those pieces together with discipline. First, we send preservation demands so flight data, maintenance records, and communications don’t disappear. Spoliation fights waste time and money, so we get ahead of them early.

Next, we partner with experts who live in this world. Aeronautical engineers, human-factors specialists, and biomechanical analysts help explain cause and injury. Their reports translate complex systems into clear, persuasive testimony. When a jury sees how choices stacked up, accountability becomes visible.

Finally, we ground everything in New York law. We use CPLR Section 1601 when apportionment issues arise for non-economic damages, and we evaluate settlement structure in light of General Obligations Law (GOL) Section 15-108 when releases or setoffs may apply. 

That legal footing matters in mediation and trial. It’s the difference between a claim with numbers and a case with proof.

Your Next Move Starts Today

You deserve a steady plan and a team that shows up. Filing your aviation accident injury claim protects medical care, wages, and the future you’re building. 

At Horn Wright, LLP, our work has been recognized nationwide for results and client care. We’re ready to dig in, align the facts, and push for a resolution that respects what you’ve been through and where you’re headed next.