Can You Sue if You are Injured in Turbulence while Flying? - New Orleans Personal Injury Lawyers | Egenberg Trial Lawyers

Can You Sue if You are Injured in Turbulence while Flying?

Have you ever experienced a frightening jolt during a flight due to turbulence? While most turbulence incidents are minor, severe cases can lead to injuries for passengers and crew members alike. If you or a loved one has been injured due to turbulence on a flight, you may be wondering if you have the right to sue for damages.

Let’s explore the legal aspects of turbulence-related injuries and discuss how a New Orleans personal injury lawyer can help you with the process of seeking compensation.

What is Turbulence?

Turbulence is a common occurrence during flights, caused by a variety of factors such as weather conditions, jet streams, and air pressure changes. It can range from mild bumps to severe jolts that can cause passengers to be thrown from their seats. The Federal Aviation Administration (FAA) classifies turbulence into four categories:

  1. Light turbulence: Slight, erratic changes in altitude and/or attitude.
  2. Moderate turbulence: More significant changes in altitude and/or attitude, but the aircraft remains in control.
  3. Severe turbulence: Big, sudden changes in altitude and/or attitude, with the aircraft temporarily out of control.
  4. Extreme turbulence: The aircraft is thrashed about and is practically impossible to control.

Injuries Caused by Turbulence

While most people associate turbulence with discomfort and anxiety, severe cases can lead to serious injuries. Some common turbulence-related injuries include:

  1. Head injuries from hitting the ceiling or overhead compartments
  2. Neck and back injuries from sudden jolts or being thrown from seats
  3. Broken bones and fractures
  4. Cuts, bruises, and contusions
  5. Spinal cord injuries and paralysis in extreme cases

These injuries can result in significant medical expenses, lost wages, and emotional trauma. Seeking the guidance of our New Orleans personal injury attorneys at Egenberg Trial Lawyers can help you understand your legal rights and options for pursuing compensation.

Liability in Turbulence-Related Injuries

Determining liability in turbulence-related injury cases can be complex, as several parties may be involved. The most common parties that may be held liable include:

  • Airlines: Airlines have a duty of care to ensure the safety of their passengers. This includes providing adequate warnings about turbulence, ensuring passengers are properly secured, and maintaining a safe cabin environment. If an airline fails to meet these obligations, it may be held liable for the resulting injuries.
  • Pilots: Pilots are responsible for navigating the aircraft and making decisions to ensure passenger safety. If a pilot fails to take appropriate action to avoid or mitigate turbulence, they may be held liable for injuries.
  • Aircraft manufacturers: In rare cases, turbulence-related injuries may be caused by defective aircraft components or design flaws. In such instances, the aircraft manufacturer may be held liable.

Proving Negligence

To successfully sue for turbulence-related injuries, you must prove that the responsible party was negligent in their duties. This involves demonstrating four key elements:

  1. Duty of care: The responsible party had a legal obligation to ensure your safety.
  2. Breach of duty: The responsible party did not meet their duty of care.
  3. Causation: The breach of duty was the direct cause of your injuries.
  4. Damages: You must have suffered actual damages, such as lost wages, medical bills or pain and suffering.

Gathering evidence to support your claim is crucial, and our experienced New Orleans personal injury lawyers at Egenberg Trial Lawyers can help you build a strong case.

Pursuing Compensation

If you’ve been injured due to turbulence on a flight, it’s wise to take the following steps to protect your legal rights:

  1. Seek medical attention: Your health and well-being should be your top priority. Seek medical care immediately and follow your doctor’s recommendations for treatment and recovery.
  2. Document the incident: Write down the details of the turbulence incident, including the date, time, flight number, and a description of what happened. If possible, take photos of your injuries and keep copies of any medical records or expenses related to your treatment.
  3. Report the incident: Notify the airline of your injuries as soon as possible. Request a copy of the incident report for your records.
  4. Consult with a New Orleans personal injury attorney: At Egenberg Trial Lawyers, our skilled personal injury team can help you understand your rights, gather evidence, and pursue the compensation you deserve.

Damages in Turbulence-Related Injury Cases

If your turbulence-related injury claim is successful, you may be entitled to various types of damages, including:

  • Medical expenses: Compensation for past, present, and future medical costs related to your injuries, such as hospital bills, medication, and physical therapy.
  • Lost wages: Reimbursement for income lost due to time off work while recovering from your injuries.
  • Pain and suffering: Compensation for the physical pain and emotional distress caused by your injuries.
  • Disability or disfigurement: If your injuries result in permanent disability or disfigurement, you may be entitled to additional compensation.
  • Loss of enjoyment of life: Compensation for the ways in which your injuries have negatively impacted your ability to participate in activities you once enjoyed.

Statute of Limitations for Turbulence-Related Injuries

It’s important to note that there is a limited time frame in which you can file a lawsuit for turbulence-related injuries. This time limit, called the statute of limitations, varies depending on the state and the specific circumstances of your case.

In Louisiana, the statute of limitations for personal injury claims is generally one year from the date of the incident. However, there may be exceptions depending on the type of claim and the parties involved. Consulting with our New Orleans personal injury lawyers at Egenberg Trial Lawyers as soon as possible can help ensure that you don’t miss critical deadlines for filing your claim.

Contact a Trusted New Orleans Personal Injury Firm Today

If you or one of your family members has been injured due to turbulence on a flight, don’t wait to seek legal help. Contact Egenberg Trial Lawyers, a trusted New Orleans personal injury law firm, for a free consultation. Our experienced New Orleans personal injury attorneys can help you understand your rights and fight for the compensation you deserve. Call us today at (504) 229-5700 to learn more about how our team can help you during this challenging time.