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HELICOPTER ACCIDENTS - FREQUENTLY ASKED QUESTIONS  A helicopter accident is a tragic event for all involved. It puts
people into positions which they never imagined and presents
circumstances never contemplated. In addition to the decisions which
need to be made on the personal side, there are legal issues as
well. One of the major decisions that has to be made is whether to
engage legal counsel to investigate and perhaps litigate the
helicopter accident itself.
Your family attorney is the place to
start. He or she knows you better than any aviation attorney knows
you, and will be invaluable in helping you decide whether to retain
an aviation attorney and, if so, which one. This is a very important
decision since you will only have one opportunity to bring a lawsuit
arising out of the helicopter accident, and your association with
that lawyer and law firm may last for years.
There are a number of factors to consider when choosing the right
aviation lawyer and law firm, including educational background,
aviation experience, legal experience, and results. As important as
those factors are, there is another which in equally important: make
sure you are comfortable with the person and the law firm you
are contemplating retaining. Personality, access, and
willingness to communicate are all vital to a successful
attorney-client relationship. Here are some of the questions we
have found to be asked most frequently:
1. Why do I need an aviation
attorney? Simply stated, you might NOT need an aviation
attorney. It may well be that the case could be settled without the
need for an attorney experienced in aviation accidents. But chances
are whoever is responsible will not provide prompt and fair
compensation. You will need someone to advise you as to the adequacy
of any proposed settlement, and generally that means someone who
handles aviation accidents as a major part of his or her practice.
Even if you do not proceed to litigation, hiring an aviation
attorney on an hourly basis to review what is being offered and to
advise you on the settlement is money well spent, and could protect
you from making a decision which you might regret later.
2. How Much Will It Cost for
Me to Hire an Aviation Attorney? No one should be afraid to contact
an aviation attorney because of expense. Generally, aviation
attorneys will discuss your case with you without charge. Most
aviation attorneys that represent the victims of helicopter
accidents work on a contingency fee basis instead of on an hourly
fee basis. They charge a percentage of the recovery as part of the
fee. This fee is variable depending on many factors, including the
type of case, the difficulty, etc. 3. Is the Fee Negotiable? It
should be, and you should beware of attorneys and firms that will
not explore with you all aspects of the fee that is to be charged.
In
some cases, an hourly fee is better for the client. In other cases,
a sliding scale fee would be appropriate—for example, 20% if settled
before suit, 25% is settled after commencing suit, 30% if discovery
is initiated, and 33% if tried.
4. Why Do I Need An
Attorney to Investigate This Accident? Doesn’t the National Transportation Safety
Board and/or the Federal Aviation Administration investigate the
accident?
The NTSB and the FAA both investigate aircraft accidents, with the
NTSB having primary responsibility. Generally, these
organizations do a good job, but occasionally something is
overlooked or missed, or doesn't go far enough because of time,
budget and
personnel constraints. It can be over a year before the NTSB
publishes its Factual Report and even longer before it announces its
“Probable Cause.” That is too long to wait before beginning one’s
own investigation. We take the government’s investigations and go
further to determine what actually occurred. We hire technical
experts— people knowledgeable about piloting, maintenance, engineering, aircraft
design, materials, metallurgy, weather, air
traffic control, operations, fuel and avionics—whatever
we need to fully explore and analyze all potential causes of an
accident. We need to know what really happened so we can provide the
best possible representation.
5. My child was serving in the military
and lost his life in an aircraft accident in the which did not
involve combat. What are my rights? Product liability suits
involving military equipment can be very difficult. Several U.S.
Supreme Court decisions involving service members’ injuries have
greatly restricted service members’ or his/her family’s ability to
bring suit, to recover, or even to find out what really happened. In
our view, this repeats the tragedy, and these laws need to be
changed. We have been successful in representing military families
despite these judge-made obstacles. We have developed a high
experience level in the prosecution of these cases, but the
potential success of any case, especially in this area, turns on the
facts of a particular accident. We welcome the chance to review
these cases with the military families and to be of assistance in
these matters. We welcome the opportunity to help— we are veterans
and we appreciate the sacrifices service members make. This is our
chance to say “thank you.”
6. How long will it take for my
case to be resolved? Some cases are resolved within months,
while others take years. We work hard to make sure that we do
everything within our power to get to a successful conclusion at the
earliest possible moment. We understand that litigation is not easy
for families, and we try to eliminate the burdens as best we can.
But we know that the best way is to get the matter resolved quickly and
successfully. Our experience, our knowledge, and our energy help
us expedite the process. We have a good reputation for hard work and
tenacious representation. Our opponents know that we mean business,
and that we will provide the best possible representation for our
clients. 7. When do I need to hire an attorney - don’t I have
to hire someone right away? You should take your time and
select the right attorney for you and your family. The sooner the
better so that the attorney can act for you to see that evidence is
preserved and to help you through the process. There is no
immediate need, however, to hire an aviation litigation attorney.
Be mindful of statutes of limitation
and other procedural rules which could limit or bar your lawsuit or
administrative claims. You should check on which laws and
rules
might apply to your particular case. 8. Aren’t I better served
by a larger firm? Maybe not. The main thing is to pick a firm
with which you are comfortable, which you can trust, and which will
be responsive to your needs. We have purposely remained small in
order to maintain a more personal quality in our relationships with
our clients and in the services we offer. You can expect, and will
always receive, my immediate personal attention to your calls,
letters, and emails. At Crouse Law Offices, you are not lost in a
maze of paralegals, secretaries, associate lawyers and other staff.
But despite being small, our experience is second to none. Our
twenty- eight years of helicopter litigation experience will enable
us to handle your case competently and efficiently. We routinely go
against the major law firms and large aviation manufacturers and
operators. They know and respect us. >> Next Page |
