The death of a loved one is always difficult, but the grief can be compounded when it occurs suddenly in an airplane accident. In those terrible moments, monetary compensation is likely the furthest thing from your mind.
However, many major airlines do provide monetary damages to families of passengers who lose their lives in crashes. If you’re looking for a quick answer, most airlines pay out around $175,000 per passenger death in an accident.
In this comprehensive guide, we will cover everything you need to know about how airline wrongful death compensation works. We’ll look at what factors determine payout amounts, how claims are calculated, and how the amounts airlines pay compare to typical wrongful death settlements.
Whether you have recently lost someone in a plane crash or just want the facts, read on for a detailed understanding of this sensitive topic.
What Is an Airline Wrongful Death Settlement?
An airline wrongful death settlement refers to the financial compensation that is provided to the family or beneficiaries of a person who dies as a result of an airline accident or incident. When a loved one is tragically killed in an aviation accident, the family may be entitled to seek damages for their loss.
These settlements are typically reached through negotiations between the airline and the affected parties, and are designed to provide some measure of financial relief and justice for the loss of life.
Definition of wrongful death
Wrongful death is a legal term used to describe a situation where a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. In the case of airline wrongful death, it refers to deaths that occur as a result of accidents or incidents involving commercial airlines.
These accidents can include plane crashes, pilot errors, mechanical failures, or any other factors that contribute to the loss of life.
What types of compensation are provided?
When an airline wrongful death settlement is reached, there are several types of compensation that may be provided to the family or beneficiaries. These can include:
- Economic damages: These are tangible financial losses that the family has suffered as a result of the death, such as medical expenses, funeral costs, loss of income, and loss of future financial support.
- Non-economic damages: These are intangible losses that cannot be easily quantified, such as pain and suffering, loss of companionship, and emotional distress.
- Punitive damages: In some cases, punitive damages may be awarded to punish the airline for its wrongful actions and to deter similar behavior in the future.
The specific amount of compensation will vary depending on the circumstances of the case, including the age, occupation, and earning potential of the deceased individual, as well as the extent of the negligence or misconduct that led to their death.
How airline settlements differ from other wrongful death cases
Airline wrongful death settlements can differ from other types of wrongful death cases due to the unique nature of aviation accidents. Airline accidents often involve multiple victims and are subject to complex regulations and international treaties.
Additionally, the airline industry is heavily regulated by government agencies, such as the Federal Aviation Administration (FAA) in the United States. These factors can make airline wrongful death cases more challenging and complex to navigate.
Furthermore, airline settlements may involve negotiations with insurance companies, aviation experts, and legal teams representing the airline. The settlement process may also involve extensive investigations, analysis of flight data, and expert testimony to determine liability and establish the appropriate amount of compensation.
It is important for the family or beneficiaries of a person who dies in an airline accident to seek legal representation from experienced aviation attorneys who specialize in wrongful death cases. These attorneys can help navigate the complexities of the legal process, negotiate with the airline and insurance companies, and ensure that the family receives fair and just compensation for their loss.
How Are Airline Wrongful Death Payouts Calculated?
When a tragic incident occurs resulting in the loss of a loved one in an airline accident, families are left with the devastating aftermath of their loss. In such cases, airlines may be held responsible for wrongful death and may be required to provide compensation to the victim’s family.
But how are these payouts calculated?
Major factors affecting compensation amounts
Several factors come into play when determining the compensation amount for an airline wrongful death case. These factors may include:
- The victim’s age and potential earning capacity: Younger individuals with high earning potential may receive higher compensation amounts compared to older individuals with lower earning potential.
- The victim’s financial contributions: The compensation may take into account the financial support the victim provided to their family.
- The victim’s medical expenses: If the victim incurred medical expenses before their death, these expenses may be factored into the compensation amount.
- The emotional suffering of the victim’s family: Airlines may also consider the emotional distress experienced by the victim’s family members.
Formulas used to calculate economic damages
When calculating economic damages, airlines may use various formulas to determine the compensation amount. One common formula is the multiplier method, where the victim’s anticipated lifetime earnings are multiplied by a factor that takes into account inflation, raises, and other relevant factors.
Another method is the present value method, which discounts the future earnings to their current value.
It’s important to note that these formulas may vary depending on the jurisdiction and the specific circumstances of the case.
Calculating non-economic damages
In addition to economic damages, non-economic damages may also be awarded in airline wrongful death cases. Non-economic damages are more subjective and cover aspects such as pain and suffering, loss of companionship, and emotional distress.
Calculating non-economic damages is often more challenging as there is no set formula. The amount awarded for non-economic damages may vary based on the severity of the incident and the impact it has had on the victim’s family.
Why settlement amounts vary between airlines
Settlement amounts for airline wrongful death cases can vary significantly between different airlines. This variation can be attributed to several factors, including:
- Insurance coverage: Airlines with higher insurance coverage may be able to offer larger settlement amounts.
- Legal strategy: Each airline may have a different approach to handling wrongful death cases, which can impact the settlement amount.
- Public perception: Airlines may also consider the potential impact on their reputation and public perception when determining settlement amounts.
It’s important for families affected by airline wrongful death cases to consult with experienced legal professionals who can help navigate the complexities of these cases and ensure they receive fair compensation for their loss.
What Is the Average Payout for an Airline Death?
When it comes to the unfortunate event of a death on an airline, compensation is provided to the victim’s family as a form of financial support. However, the amount of compensation can vary depending on several factors.
International vs domestic carriers
The compensation offered by airlines for a death can differ based on whether the carrier is an international or domestic airline. International carriers generally offer higher payouts due to the complexity and international regulations involved in such cases.
Domestic carriers, on the other hand, may have lower payouts but still provide financial assistance to the affected families.
Differences between economy and business/first class
The class in which the passenger was traveling can also impact the payout amount. Passengers traveling in business or first class may receive a higher compensation compared to those in economy class. This is because the value of the life lost is often calculated based on the potential earnings and lifestyle of the deceased.
Higher amounts for high profile victims
In cases where high-profile individuals or celebrities are involved, airlines may offer higher compensation as a gesture of goodwill and to protect their reputation. The loss of a prominent figure can have significant public relations implications, and airlines may go above and beyond to provide financial support to the victim’s family.
Average payout per victim across major US airlines
While specific figures may vary, major US airlines generally offer an average payout ranging from $100,000 to $250,000 per victim in the event of a death. These payouts are intended to cover funeral expenses, loss of income, and other financial burdens faced by the family.
It is important to note that compensation amounts can depend on various factors such as the circumstances of the incident, the airline’s policies, and legal considerations. To obtain accurate and up-to-date information regarding airline payouts for death, it is advisable to consult official sources such as airline websites or legal professionals specializing in aviation law.
How Do Airline Settlements Compare to Other Wrongful Death Cases?
When it comes to wrongful death cases, airline settlements tend to be lower compared to other industries such as medical malpractice and product liability. While each case is unique and compensation amounts vary, there are certain factors that contribute to the difference in payouts.
Higher payouts in medical malpractice and product liability cases
Medical malpractice cases often involve complex medical procedures and the negligence of healthcare professionals. These cases can result in significant harm and loss of life, leading to higher compensation amounts.
Product liability cases, on the other hand, involve defective products that cause injury or death. The responsibility for such incidents lies with the manufacturer, and settlements can be substantial to compensate for the harm caused.
According to a study conducted by The National Center for Biotechnology Information, medical malpractice lawsuits had an average payout of $363,000, while product liability cases had an average payout of $3.4 million.
These numbers give a glimpse into the magnitude of settlements in these industries.
Factors that increase wrongful death compensation across industries
Several factors contribute to higher compensation amounts in wrongful death cases across various industries. These factors include the age and earning potential of the deceased, the financial losses suffered by the family, the emotional pain and suffering endured, and any punitive damages awarded to deter similar negligence in the future.
In cases where the deceased was a primary breadwinner or had a high earning potential, the compensation amount tends to be higher to account for the financial impact on the family. Emotional pain and suffering, loss of companionship, and the impact on the deceased’s children may also be considered in determining the settlement amount.
Why airlines may pay less than other liable parties
Airlines may pay less in wrongful death cases compared to other liable parties for a variety of reasons. One reason is the application of international treaties and laws that limit liability for airlines in certain situations.
For example, the Montreal Convention sets a limit on the liability of airlines in cases of death or injury during international flights.
Additionally, airlines may argue that the deceased’s own actions or pre-existing conditions contributed to the accident or death, which can reduce the amount of compensation awarded. The complex nature of aviation accidents and the involvement of multiple parties, such as aircraft manufacturers and maintenance companies, can also affect the final settlement amount.
It’s important to note that while airline settlements may be lower compared to other wrongful death cases, the primary goal is to provide fair compensation to the families of the victims and hold the responsible parties accountable for their actions or negligence.
The Claims Process After an Airline Accident
Experiencing an airline accident can be a traumatic event, and dealing with the aftermath can be overwhelming. One important aspect of this process is understanding the claims process. This article will guide you through the necessary steps to ensure you receive fair compensation for any damages or injuries sustained.
Working with an aviation accident attorney
When dealing with an airline accident, it is crucial to have an experienced aviation accident attorney by your side. These professionals specialize in handling aviation-related cases and have an in-depth understanding of the laws and regulations surrounding such incidents.
They can provide you with expert guidance throughout the claims process and ensure that your rights are protected.
Aviation accident attorneys will gather evidence, interview witnesses, and work closely with experts to determine liability and assess the extent of your damages. They will help you navigate the complex legal system, negotiate with insurance companies, and fight for the compensation you deserve.
Filing a claim with the airline
After an airline accident, it is essential to file a claim with the airline as soon as possible. Most airlines have a specific process in place for handling accident claims. You will need to provide detailed information about the incident, including the date, time, and location of the accident, as well as any supporting evidence such as medical records, photographs, or witness statements.
It is important to note that airlines may try to minimize their liability and offer settlements that do not adequately cover your losses. This is where having an aviation accident attorney can be invaluable.
They will review any settlement offers on your behalf and ensure that you are being treated fairly.
Accepting the airline’s settlement offer
If the airline offers you a settlement, it is crucial to carefully review the terms and consult with your attorney before accepting. Remember that once you accept a settlement, you typically waive your right to pursue further legal action.
Your attorney will assess the offer and negotiate on your behalf to ensure that it adequately compensates you for your injuries, medical expenses, lost wages, and any other damages you may have suffered.
Taking legal action if the offer is insufficient
If the airline’s settlement offer is insufficient or they deny your claim altogether, you may need to take legal action. Your attorney will guide you through the process of filing a lawsuit against the airline and representing your interests in court.
This can be a complex and lengthy process, but it may be necessary to secure the compensation you deserve.
Remember, the claims process after an airline accident can be challenging, but with the help of an experienced aviation accident attorney, you can navigate through it successfully. They will fight for your rights and ensure that you receive fair compensation for the damages and injuries you have suffered.
Losing someone in an airplane accident is a nightmare scenario. While no amount of money can make up for your loss, airlines do provide monetary damages to help the families of victims move forward.
Most major carriers pay around $175,000 per passenger death, though payouts can vary significantly based on circumstances. Understanding how these settlements work is important if you ever need to file a claim against an airline.
We hope this guide gave you a comprehensive overview of how airline wrongful death compensation is determined. Our deepest condolences if you find yourself in the position of pursuing an airline settlement.
Please reach out to a qualified aviation accident attorney who can advise you through the claims process.