Does a passenger aboard an aircraft have the right to sue a pilot in command's estate for injuries sustained in a crash that resulted from the pilot's death from a heart attack?
2 Answers from Attorneys
Possibly, but this is a very tricky question. You truly need to speak with an attorney who has handled aviation cases and who will need to ascertain the facts. What jurisdiction ie. where did the accident happen? Was it a private or commercial aircraft? If commercial, was in on an international flight? Is there insurance on the aircraft (if privately owned)? If a commercial aircraft is it currently in bankruptcy court?
If the damages sustained are substantial, please call me and i will try to be of assisstance...
This sounds like a serious case. Iím sorry about what youíve been put through. There are many theories under which claims may be pursued. Generally, the answer would be Yes. I need to know what type of flight it was and other information: Domestic? International? Commercial? Type of Craft? Weather? Co-Pilot? Certain Types of Flight are covered under international laws where there is Strict Liability (No-Fault) with a 75K cap, but I have no idea what the exact legal answer is without further information. We can meet for a free consultation to see if we can take your case. Call us anytime, Warm Regards and Best Wishes, -AP Pishevar Legal