Statute of Limitations for Aviation Injury Claims

Filing Deadlines Can Make or Break an Aviation Case

When an airplane or helicopter accident happens, victims and families face a long road filled with grief, confusion, and complex legal issues. In the middle of that chaos, one of the most critical details often gets overlooked, time. The law gives you only a limited window to act, and once that time passes, your right to pursue compensation can vanish completely.

At Horn Wright, LLP, our personal injury attorneys understand how fast that clock starts ticking after an aviation accident. The moment the crash occurs, evidence begins to fade and legal deadlines quietly start counting down. Acting quickly isn’t just about paperwork; it’s about protecting your ability to hold negligent airlines, maintenance crews, or manufacturers accountable before it’s too late.

Every aviation claim involves strict filing rules, some under state law, others under federal law, and missing even one can close the door on justice.

Understanding the Legal Time Limits for Aviation Injury Claims in New York

In New York, the statute of limitations for most personal injury claims, including those arising from aviation accidents, is three years from the date of the injury, according to CPLR §214. For wrongful death claims, that window shortens to two years under EPTL §5-4.1.

However, aviation accidents rarely fit neatly into one legal category. If a commercial airline is involved, additional federal statutes, international treaties, and administrative filing requirements may apply. For example:

• Domestic airline accidents follow state filing rules but may also trigger federal investigations through the Federal Aviation Administration (FAA) or the National Transportation Safety Board (NTSB).
• International flights are governed by the Montreal Convention, which sets a two-year filing limit from the date of arrival (or the scheduled arrival) for injury and wrongful death claims.
• Government-operated aircraft may fall under the Federal Tort Claims Act (FTCA), requiring victims to file an administrative claim within two years of the crash.

The rules change depending on who operated the aircraft, where it crashed, and who was harmed. At Horn Wright, LLP, we untangle those details quickly so that our clients never lose their chance to be heard.

How Federal Aviation Law Interacts With State Filing Rules

Aviation law is one of the most complex intersections of federal and state authority. While states like New York handle most personal injury lawsuits, federal law controls how aircraft are built, maintained, and operated.

That means a case might involve both systems at once. For example, a lawsuit for a defective airplane part could include:

• A state negligence claim against a maintenance company, and
• A federal product liability claim against a manufacturer certified by the FAA.

Federal law also shapes how liability is determined. The Federal Aviation Act of 1958 (49 U.S.C. §40101) gives the FAA control over air safety standards. When an accident involves violations of those standards, that evidence becomes powerful proof of negligence.

But while federal law governs the industry, it doesn’t override state filing deadlines. Victims in New York still have to comply with the state’s strict timelines — or risk losing their case entirely.

That’s why aviation cases demand quick, informed action. Your attorney must understand both systems from day one, ensuring every deadline under both state and federal law is met without delay.

Exceptions That Can Extend the Filing Deadline for Victims

There are rare cases where the statute of limitations can be extended. In New York, courts may allow extra time under certain circumstances, including:

• Delayed discovery — when an injury or cause of death wasn’t immediately apparent after the crash.
• Mental or physical incapacity — if a victim was unable to file due to hospitalization, coma, or other serious conditions.
• Minor victims — children have extended filing rights, with the clock starting after they reach adulthood.
• Fraud or concealment — if evidence was intentionally hidden by the airline, manufacturer, or maintenance company.

These exceptions are narrow and heavily scrutinized. Proving that one applies requires precise documentation and legal expertise. That’s where experienced aviation attorneys make a difference, by recognizing opportunities others might miss.

At Horn Wright, LLP, we immediately assess whether any tolling provisions apply so that your claim is preserved, even under challenging timelines.

Maine Imposes Shorter Deadlines for Aviation Accident Claims Than New York

While New York gives victims up to three years to file personal injury claims, Maine’s filing period under 14 M.R.S. §752 is only six years, but the rules governing aviation cases differ substantially because of federal preemption and state interpretation. However, for wrongful death claims, Maine law (18-C M.R.S. §2-807) sets a shorter limit, two years, with fewer exceptions for discovery or incapacitation.

More importantly, Maine’s courts are less flexible about tolling statutes when federal agencies are involved. Victims in Maine face tougher procedural barriers when a crash implicates federal oversight or cross-state defendants.

New York’s legal environment provides more room for complex aviation claims, especially when multiple entities share responsibility. That flexibility allows victims and families greater opportunity to seek justice through thorough investigation and multi-party litigation.

How Delayed Filing Can Weaken or Eliminate Your Right to Compensation

Waiting too long to take legal action can erode your case before it even starts. Airlines and manufacturers move fast after an accident, they send investigators, retain their own experts, and often control access to critical evidence.

By the time a victim decides to file, key records like maintenance logs, pilot reports, or black box data may have been archived or destroyed. Witnesses disappear, memories fade, and accident scenes change.

Legally, even the strongest evidence becomes meaningless once the statute of limitations expires. Courts have no discretion to hear a late case. That’s why every aviation accident claim starts with the same question: How much time do we have left?

Acting early isn’t just about speed, it’s about power. The faster you file, the more control you retain over your evidence and your future.

Why Acting Quickly Preserves Critical Evidence

Every aviation crash triggers an immediate investigation by federal authorities, often led by the NTSB and FAA. These agencies collect black box data, maintenance records, and witness statements. But once their investigation concludes, access to that evidence can be restricted.

Quick legal intervention ensures that your attorney issues preservation notices, requests copies of reports, and secures testimony while it’s still available. In some cases, private investigators can access the site or recover maintenance records before they’re archived.

Our firm moves quickly to coordinate with aviation experts, engineers, and medical professionals. We analyze flight data, interview witnesses, and reconstruct what went wrong, all while making sure every filing deadline under state and federal law is met.

Time may be invisible, but it’s the single most powerful factor in every aviation injury claim.

Horn Wright, LLP, Ensures Aviation Injury Claims Are Filed on Time

At Horn Wright, LLP, our personal injury attorneys have represented victims of aviation accidents across New York with precision, urgency, and care. We know how quickly federal and state filing rules can become traps for the unprepared, and how devastating it is to miss a deadline that ends a family’s pursuit of justice.

From private plane crashes to commercial airline disasters, we ensure every document, notice, and filing meets the strictest standards of timeliness and accuracy. Our team understands both New York’s statutes and the federal aviation laws that shape each case.

You focus on recovery. We’ll focus on every deadline that protects your right to be heard.