Your Rights if You Were Injured in a Sightseeing Crash

For many people, a sightseeing tour of the Nevada desert, or a skywatching trip to this remote area, is the trip of a lifetime. An Las Vegas airplane accident or a tour bus crash, instantly transforms this dream into a nightmare. Instead of reflecting over cherished new memories, these victims must ponder a large pile of medical and other bills they cannot afford to pay.

An airplane crash and other injury victims have important legal rights in these cases. But these rights are simply words on paper unless an airplane accident lawyer in Los Angeles enforces them in court. This enforcement means holding at-fault parties responsible for the injuries they negligently cause. This process also includes a separate financial responsibility proceeding, at least in most cases.

Common Injuries in Airplane Accidents

When small, sightseeing planes crash, these victims often sustain serious injuries which are difficult to diagnose and treat. Some examples include:

• Head Injuries: The brain conceals its own injuries. Therefore, many crash victims sustain serious head injuries, yet they say they “feel fine.” Since doctors then dismiss symptoms like disorientation and confusion as accident shock, these victims have untreated and degenerative head injuries.
• PTSD: Similarly, symptoms like hypervigilance, anger, and depression could be signs of normal stress response (NSR), a temporary condition that quickly dissipates. Or, these symptoms could be evidence of Post Traumatic Stress Disorder, a much more serious condition that, for the most part, is untreatable.
• Internal Bleeding: Airplane crash scenes are incredibly chaotic. Frequently, emergency responders are so busy treating visible physical wounds, like broken bones and deep cuts, that they overlook internal injuries. As a result, these victims continue losing blood even after they leave the hospital or emergency room.

The nature of these injuries underscores the need to partner with a personal injury lawyer in Los Angeles in these cases. Attorneys have professional connections with doctors who know how to diagnose and treat injury-related conditions.

As a bonus, these doctors normally charge nothing upfront for their professional services. This arrangement reduces financial stress, so victims can concentrate on getting better.

Legal Issues

Accident-related medical bills, like all other accident-related bills, must be paid eventually. In a perfect world, the responsible party would voluntarily step forward and accept responsibility for the accident. Since we don’t live in a perfect world, a personal injury attorney typically uses the ordinary negligence doctrine to obtain compensation for victims.

This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering.

Ordinary negligence is basically a lack of care. Pilots, mechanics, and flight controllers are the most common negligent parties in Las Vegas airplane accident matters.

Pilots have a duty of care to inspect their airplanes before flight and deliver passengers safely to their destinations. Mechanics have a duty of care to fully address all mechanical issues. Flight controllers have a duty of care to bring all their training and experience to bear in every interaction they have with pilots.

Your Claim for Damages

As mentioned, personal injury attorneys in Los Angeles must normally file court actions to obtain compensation for victims. These actions normally go through three phases.

After victims file actions, insurance companies normally file procedural motions, hoping the judge will throw the case out of court. As long as an attorney diligently collected evidence, such as witness statements and information from the flight data recorder, these motions almost always fail.

Discovery comes next. Both sides must lay all their cards face up on the table. For victims, discovery usually means submitting to medical examinations and depositions. Discovery also gives a lawyer access to the best evidence in the case, like a “smoking gun” email the insurance company tries to hide.

With the best evidence available, attorneys are well-positioned for the third phase, which is settlement negotiations. Occasionally, informal settlement negotiations bear fruit. Usually, however, the judge appoints a mediator to oversee talks and ensure that both sides negotiate in good faith.

The settlement delay is frustrating but necessary. If a Las Vegas airplane accident claim settles too early, the settlement might not reflect all future medical expenses. If that happens, the victim is financially responsible for these costs.

Consult a personal injury lawyer for more help!

Sightseeing crash victims have important legal rights. For a free consultation with an experienced personal injury lawyer in California, contact the Law Offices of Eslamboly Hakim. Virtual, home, and hospital visits are available.