Phoenix Aviation Accident ATTORNEY
Aviation accidents are not like other personal injury cases. The legal framework is more complex, the investigations take longer, and the parties with liability, airlines, manufacturers, maintenance contractors, and government agencies, all have experienced defense teams working immediately after a crash. If you or a family member was injured or killed in an aircraft accident, you need legal representation that matches that level of preparation.
Gallagher & Kennedy has been handling aviation accident claims in state and federal courts for over 40 years. Our Phoenix aviation accident lawyers have the resources, the litigation experience, and the aviation-specific legal knowledge to go up against airlines, manufacturers, and their insurers. Request a free consultation to discuss your case with a member of our aviation legal team.
Why Choose Gallagher & Kennedy?
- We are the premier aviation disaster law firm in Arizona with attorneys regarded as some of the top aviation lawyers in America.
- We have the legal resources of a large firm but use the personal care and attention of a boutique-style shop.
- We have obtained hundreds of millions of dollars for past clients – many of which suffered significant injuries or lost loved ones in aviation disasters.
- We operate on a contingency fee basis. We charge $0 in upfront costs and nothing at all unless we win the case on behalf of the client.
Aviation Accident Statistics: The Real Picture
Aviation is among the safest forms of transportation on a per-mile basis, but accidents do happen, and when they do, the consequences are almost always severe. According to the National Transportation Safety Board, the United States averages more than 1,200 civil aviation accidents per year. The large majority involve general aviation, including private planes, charter flights, and helicopters, rather than commercial airlines.
Arizona is a particularly active general aviation state. Phoenix Sky Harbor International Airport is one of the busiest airports in the country, and the state has a high concentration of flight training operations, charter services, and private aircraft activity. Deer Valley Airport, Falcon Field, and Scottsdale Airport together handle hundreds of thousands of general aviation operations annually. That volume creates consistent exposure to the types of accidents our attorneys handle.
The Federal Aviation Administration reports that pilot error remains the leading cause of general aviation accidents, but mechanical failure, air traffic control error, weather, and aircraft defects each contribute significantly to the annual accident total. When the cause is anything other than pilot error, one or more parties beyond the pilot may be liable.
Types of Aviation Accidents We Handle
Aviation accidents vary significantly by aircraft type, cause, and applicable law. Gallagher & Kennedy handles the full range of aircraft injury and death cases.
Commercial Airline Accidents
Passengers injured on commercial flights have rights under federal aviation law, international treaties including the Montreal Convention for international flights, and state tort law. Our commercial airline accident attorneys handle claims involving turbulence injuries, runway incidents, emergency landings, and catastrophic crashes. Commercial cases often involve multiple liable parties: the airline, the aircraft manufacturer, the maintenance contractor, and, in some cases, the FAA.
Charter and Private Plane Accidents
Charter flights and private planes operate under different regulatory frameworks than commercial airlines, and liability is often more complex. The aircraft owner, the charter operator, and the maintenance company may all share responsibility for a crash. Our charter plane accident attorneys and private plane crash lawyers handle these cases throughout Arizona and nationally.
Helicopter Accidents
Helicopter crashes are disproportionately fatal relative to the number of flight hours logged. They occur in a wide range of contexts: air tours, medical transport, news gathering, agricultural operations, and private use. Our helicopter crash attorneys handle liability claims against operators, manufacturers, and maintenance providers.
Aircraft Product Defects
When a mechanical failure, defective component, or design flaw causes or contributes to an aviation accident, the manufacturer or distributor may be liable under product liability law. Our aircraft product defect lawyers work with aviation engineers and industry experts to identify and prove manufacturing and design defects in crash investigations.
Wrongful Death Claims
When an aviation accident is fatal, surviving family members have the right to pursue a wrongful death claim for the financial and emotional losses resulting from the death. Aviation wrongful death cases often involve multiple defendants and complex damages calculations that require specific legal experience to handle effectively.
Common Causes of Aviation Accidents
Understanding what caused an accident determines who can be held liable. The NTSB investigates all civil aviation accidents in the United States, but its findings are administrative, not legal determinations. Our attorneys conduct independent investigations that go beyond the NTSB report to build the factual case for liability.
| Cause | Who May Be Liable | Key Evidence |
| Pilot error or inadequate training | Pilot, employer, flight school, charter operator | Flight records, logbooks, training history, cockpit voice recorder |
| Mechanical failure | Aircraft manufacturer, maintenance provider, parts supplier | Maintenance logs, component inspection records, flight data recorder |
| Air traffic control error | FAA or private ATC contractor | ATC communications, radar data, separation standards documentation |
| Defective aircraft component | Manufacturer, distributor, repair station | Component failure analysis, prior incident reports, recall history |
| Improper maintenance | Maintenance facility, individual mechanic, aircraft owner | Maintenance records, FAA airworthiness directives, work orders |
| Negligent operation | Pilot, operator, charter company | Weather data, fuel records, weight and balance calculations |
| Runway and airport hazards | Airport authority, ground crew, government entity | Incident reports, airport inspection records, surface condition data |
The Legal Framework for Aviation Accident Claims
Aviation law sits at the intersection of state tort law, federal regulations, and international treaties. Which legal framework applies depends on the type of aircraft, the nature of the flight, and where the accident occurred.
Federal Aviation Regulations
The FAA sets mandatory safety standards for aircraft, pilots, air traffic control, and maintenance. Violations of federal aviation regulations are often central to proving negligence in an aviation accident case. Our attorneys are well-versed in FAR Part 91 (general aviation), Part 121 (commercial airlines), Part 135 (charter operations), and the airworthiness standards under Part 23 and Part 25.
The Montreal Convention
For international flights, the Montreal Convention governs passenger injury and death claims against commercial airlines. It sets liability limits and procedural requirements that differ significantly from domestic law. Claims under the Montreal Convention must be handled carefully to preserve your rights and maximize recovery.
The General Aviation Revitalization Act
The GARA limits product liability claims against general aviation aircraft manufacturers for aircraft older than 18 years. There are exceptions, but the statute requires early legal analysis to determine whether a manufacturer claim is viable in your specific case.
State Law Claims
Arizona state law governs negligence claims against pilots, operators, and charter companies that do not fall under exclusive federal jurisdiction. Many aviation accident cases involve both federal and state law claims that must be coordinated carefully. This is where the depth of our aviation legal team makes a material difference.
A common question we receive is: Can I sue if the NTSB found the pilot was at fault? Yes. The NTSB report is not a final legal determination and is generally inadmissible as evidence in civil litigation. Our attorneys build an independent case that is not dependent on the NTSB's findings.
Injuries in Aviation Accidents
The injuries passengers and crew sustain in aviation accidents tend to be severe. Aircraft accidents often involve high-impact forces, fire, post-crash flooding, or structural collapse that produce injuries in multiple categories simultaneously.
- Traumatic brain injury from impact or cabin structural failure
- Spinal cord injury and paralysis
- Severe burn injuries from post-crash fire or fuel ignition
- Crush injuries from structural collapse or impact
- Internal organ damage from blunt force trauma
- Psychological trauma and PTSD following a crash or near-miss event
- Fatal injuries, for which surviving family members may pursue wrongful death claims
Many aviation accident injuries involve long recovery timelines and permanent limitations. Any settlement must account for future medical needs, lost earning capacity, and the long-term impact on quality of life. We work with medical experts and economists to build damage projections that reflect the full picture.
Speak with a Phoenix aviation accident attorney at Gallagher & Kennedy before accepting any settlement offer from an airline or insurer.
What to Do After an Aviation Accident
- Seek medical attention immediately. Some injuries, particularly internal trauma and TBI, may not present obvious symptoms right away. A same-day medical record establishes the injury and its connection to the accident.
- Preserve all documentation. Keep your ticket, boarding pass, baggage receipts, and any communication from the airline or operator. Do not discard anything.
- Document your injuries and symptoms. Photograph injuries. Keep a daily record of symptoms, limitations, and how the accident has affected your daily life. A post-accident journal can be valuable evidence in a complex aviation case.
- Do not give a recorded statement. Airlines and their insurers will request statements early. Anything you say can be used to limit your recovery. Speak with an attorney first.
- Be aware of deadlines. The statute of limitations for aviation accident claims in Arizona is generally two years, but international claims under the Montreal Convention have a two-year absolute bar that runs from the date of arrival or the date the aircraft was scheduled to arrive. Missing this deadline forfeits your right to recover. Arizona aviation accident deadlines vary depending on the type of claim and defendant involved.
- Contact Gallagher & Kennedy. Early involvement allows us to preserve evidence, identify all liable parties, and protect your claim before critical documentation disappears.
Compensation Available in an Aviation Accident Lawsuit
Arizona law and applicable federal law allow aviation accident victims to pursue full compensation for all losses caused by the accident. What your case is worth depends on the severity of your injuries, the number of liable parties, and the legal framework that applies to your claim.
- All medical expenses, including emergency treatment, surgery, hospitalization, and rehabilitation
- Future medical costs for ongoing or permanent injuries
- Lost wages and reduced earning capacity
- Physical pain and suffering
- Emotional distress and psychological trauma
- Permanent disability and disfigurement
- Loss of enjoyment of life
- Wrongful death damages for surviving family members in fatal cases
In cases involving egregious conduct — an operator that knowingly flew a mechanically compromised aircraft, for example — punitive damages may also be available under Arizona law.
Why Gallagher & Kennedy for Your Phoenix Aviation Accident Case
Aviation accident cases require a specific combination of legal knowledge, investigative resources, and courtroom experience that most personal injury firms cannot provide. They involve federal regulatory frameworks, international treaties, multiple institutional defendants, and technical expert testimony that generalist attorneys are not equipped to handle effectively.
Gallagher & Kennedy has focused on complex aviation cases since 1978. We are consistently recognized as one of the top aviation accident law firms in Arizona, with attorneys named to Best Lawyers in America and Southwest Super Lawyers year after year. We have obtained hundreds of millions of dollars for injured clients and their families across decades of aviation litigation.
We handle aviation injury claims on a contingency fee basis. You pay nothing unless we recover compensation for you. All litigation costs, including investigation expenses and expert fees, are advanced by our firm.
Review our documented outcomes on the results page and read what past clients have said on our testimonials page.
Common Questions About Airplane Accident Claims
Can I file a claim if I was injured as a passenger on a commercial airline?
Yes. Commercial airline passengers who are injured due to the airline's negligence, a mechanical defect, or crew error have the right to pursue compensation. The applicable law depends on whether the flight was domestic or international. Our commercial plane crash lawyers handle both domestic and international passenger injury claims.
What if I was a passenger on a charter or private flight?
Charter and private flight passengers have the same right to pursue compensation as commercial passengers, but the liability analysis is different. Charter operators, aircraft owners, and maintenance providers may all share responsibility. These cases require investigation into the operator's certificates, the aircraft's maintenance history, and the qualifications of the crew.
How long does an aviation accident case take?
Aviation accident cases typically take longer to resolve than standard personal injury cases because of the NTSB investigation timeline, the number of potentially liable parties, and the complexity of the damages. Cases that settle can be resolved in one to three years. Litigated cases may take longer. We keep clients informed throughout the process and do not recommend settling before the full picture of damages is known.
What if the accident happened at a small airport or during a training flight?
General aviation accidents, including those at smaller Phoenix-area airports like Deer Valley, Falcon Field, or Glendale Municipal, fall under federal and state aviation law. Flight schools, flight instructors, aircraft owners, and maintenance providers all have legal duties to passengers and third parties. We investigate the full chain of responsibility regardless of the size of the operation involved.
Relevant Reading
These resources cover the legal and procedural issues most relevant to aviation accident claims in Arizona:
- What Is the Statute of Limitations for Aviation Accidents in Arizona? — Deadlines in aviation cases vary by claim type and defendant. This piece explains the key timelines and why they matter.
- Can Passengers Sue for Emotional Distress After a Plane Crash? — A breakdown of when psychological injuries from aviation accidents are legally compensable.
- What Is the Black Box in Airplanes and Helicopters? — How flight data recorders and cockpit voice recorders work and why they are central to aviation accident investigations.
- How Compensatory Damages Are Calculated in Arizona — A plain-language breakdown of how economic and non-economic losses are valued in a serious injury case.
Talk to a Phoenix Airplane Accident Lawyer Today
Aviation accidents involve some of the most powerful defendants in personal injury law — major airlines, aircraft manufacturers, and their insurers. They move fast to limit liability. The legal team you choose needs to be ready to match that pace.
Gallagher & Kennedy offers free consultations for aviation accident victims and their families in Phoenix and throughout Arizona. We will review your case, assess your legal options under the applicable framework, and give you an honest picture of what your claim involves with no obligation and no cost to you.
Contact our Phoenix aviation accident lawyers to schedule your free case evaluation. The sooner we get involved, the better protected your claim will be.