Legal Question in Aviation Law in California

injury on a plane

I was injured on a southwest plane on june 3, 2007. The plane crashlanded and now I have a pinched nerve and in great pain

Asked on 3/06/09, 10:37 am

2 Answers from Attorneys

Bryan C. Becker Your Lawyer for Life.

Re: injury on a plane

As you know, Flight 3050 was bound for San Diego, so we are very familiar with the accident. If the pinched nerve is in any way connected to that incident (either during the hard landing, or having to use to escape chutes, etc) you have a valid cause of action to pursue. Have you previously filed any claim or made any statements to Southwest?

I would be happy to speak with you regarding your injuries and how we can go about ensuring you receive fair compensation to accommodate your past/future medical costs and account for your ongoing pain and suffering.

If you have some time this morning, I will be in the office -- feel free to email or call at your convenience.

Yours truly,


Becker Attorneys



[email protected]

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Answered on 3/06/09, 11:21 am
Steve Gordon Gordon & Elias, L.L.P.

Re: injury on a plane

Dear Question #538393313

In addition to what Mr. Bryan Becker said, I think you should be made aware that your claim may be governed by a two (2) year statute of limitations. Which means that if you, or someone on your behalf, does not actually file suit in a court of competent jurisdiction, you may be time barred from ever making a successful claim.

I am concerned that you have waited this long. Obviously, you have been hurting and taking care of your injury....but you should let a professional handle your legal claim while you are going through the medical process. Also, I would like to have a board certified neurosurgeon review your MRI films (I assume you have had an MRI). If you truly have a herniated disk that is impinging upon a nerve root, it is ill-advised to wait this long to actively treat it as permanent damage could have taken place (or be taking place)causing permanent nerve damage and parasthesia.

Finally, you need to know that Southwest Airlines is based in Dallas, Texas and, therefore, is amenable to being sued in Texas by you. There are distinct advantages to making a claim in Texas. First, the lawyers are ethically permitted to advance money to you (interest free with our firm) to cover your necessary monthly bills. This is an important aspect as the London insurers that underwrite Southwest will try to "starve out" a claimant by delaying the claims/litigation process which can take up to approximately 12 to 18 months in Texas. This allows you to "hold out" to get your maximum recovery rather than settle for less than you deserve due to economic necessity. Second, we are permitted to pay for your necessary medical care where, I believe this is correct, a California lawyer cannot. This is equally important if you do not have health insurance as it is not the requirement of Southwest's insurers to advance you anything towards medical care during the pendency of your claim. Finally, although I cannot speak to the average size of the jury awards in California, I can tell you that the jury awards in Dallas, Texas has been getting higher and higher over the last two years due to a large change in juror demographics.

To conclude, I would gladly speak to you regarding your potential claim and my web site id and you can click on the section for Aviation Accidents. There is our phone number and there is also an audible portion so turn on your computer speakers. Please feel free to call to discuss at o obligation. One last note, we co-handle claims all over the nation with other lawyers and split the fee on an agreed basis; so, if you feel more comfortable with a "local" lawyer and also see the benefits of making your claim in Texas, we would also try to work with that out with your "local" lawyer. Have a nice day and I hope all works out for you.


Steve Gordon

Board Certified in Personal Injury Trial Law

Texas Board of Legal Specialization

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Answered on 3/06/09, 12:03 pm

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