Who Covers Funeral Costs after an Aviation Accident?

In our experience, we have found that the airline is responsible in most cases of plane crashes and other aviation accidents. But liability can be assigned to other parties as well, including:

• The pilot that flew the aircraft or the pilot’s employer
• The person / company that owned the plane if failure to make repairs / maintenance is what caused the accident
• The plane manufacturer if a defect with the aircraft occurred during the design, manufacturing, or distribution phase
• The company that performs inspections and maintenance
• Employees at the airport, like those responsible for refueling the plane

As you can see, figuring out who is ultimately responsible for deaths from an airplane accident is no simple matter. Rest assured that our attorneys have decades of experience in aviation accidents and recovering payment on behalf of victims and their loved ones.

If you are successful in filing a claim for wrongful death, you can recover the cost of funeral expenses form the party at fault. Funeral-related costs that you may be eligible to receive are as follows:

• Cost of funeral and memorial services
• Cremation fees
• Money to pay for a burial plot, casket, and/or tombstone
• Cost of transporting the body from a faraway location

Currently, the average cost of a funeral is around $8300, according to the National Funeral Directors Association (NFDA). This is a tremendous burden on many families, which is why it’s essential to explore your rights and legal options.

MC99, of the Montreal Convention 1999 is a treaty that establishes liability by airlines in cases of passenger injury or death, and the compensation available to victims and their families. So, if a passenger is hurt or dies while on board a plane, there’s a good chance that the airline is liable. MC99 makes it possible for passengers and their loved one to recover compensation from air disaster incidents.

Previous to MC99, passengers and families needed to prove willful negligence by airline in order to obtain settlements of over $75,000. Eliminating this barrier is a critical form of protection that acknowledges the considerable losses that result from aviation accidents, and what is a fair amount of compensation for those with severe injuries or the loss of a parent, child, spouse, etc.

No matter how close you are to someone that passed away in a plane accident, it’s important to note that wrongful death claims can only be filed by the following relatives / loved ones:

• The surviving spouse of the victim
• The decedent’s registered domestic partner
• Immediate family members – children, parents, and grandparents

The executor of the estate can also file a claim and distribute the funds according to the will or California’s interstate succession laws. If none of the individuals mentioned above are still alive, there may be other relations or beneficiaries that are eligible for a wrongful death claim. If you have any questions about your right to sue an airline or any other entity for the death of a passenger, don’t hesitate to give us a call.

Starting from the date of death, you normally have 2 years to file a lawsuit against the responsible party. This window of time is known as the statute of limitations, and it’s extremely important that you figure out just how long you have for a legal case. It’s very rare that a claimant will have exceptional circumstances that merit an extension beyond the 2-year timeframe. If you do not file a lawsuit for wrongful death before the SOL expires, you will lose the right to sue the airline for funeral expenses and other compensation, such as:

• Coste de tratamientos/servicios médicos hasta la fecha del fallecimiento
• Dolor y sufrimiento
• Projected vale of lost income / savings / benefits
• Pérdida de consorcio
• Honorarios del abogado

The attorneys at our law firm have decades of experience in the recovery of wrongful death settlements and court verdicts. We know that money can only make up for the financial losses of losing someone unexpectedly. But covering funeral costs and other expenses can help victims focus on their grief and spending time with their loved ones rather than worrying about how they will make ends meet.

As part of our commitment to you and your family, we promise that you will never pay upfront if you decide to hire us for an aviation accident wrongful death case. Legal fees are part of the settlement you receive from the airline, and that means we don’t make a penny unless you receive compensation. That’s our promise to you under the Zero Fee Guarantee, which we are happy to go over with you in detail during a free consultation.

We look forward to fighting for your interests and being a part of your journey to recovery. Contact us at your earliest convenience and speak to a California aviation accident lawyer.

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