Flying is a convenient and fast mode of transportation, but it comes with risks, just like any other mode of transportation. Aviation accidents are rare, but when they occur, they can lead to severe injuries and even loss of life. When an aviation accident occurs in Oklahoma, the laws governing personal injury cases determine how the victim can seek compensation. In this article, we’ll explore how Oklahoma law handles aviation accidents in personal injury cases.
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Types of Aviation Accidents
Aviation accidents can result from many factors, including human error, mechanical failure, weather conditions, and inadequate maintenance. Some common types of aviation accidents include:
- Commercial airline crashes
- Charter plane accidents
- Helicopter crashes
- Private plane crashes
- Ultralight plane crashes
Statute of Limitations
In Oklahoma, the statute of limitations for personal injury cases is two years from the date of the accident. This means that if you’re injured in an aviation accident in Oklahoma, you have two years from the date of the accident to file a lawsuit against the responsible party.
Liability in Aviation Accidents
Determining who is liable for an aviation accident can be complicated. The responsible party might include the pilot, the airline, the manufacturer of the aircraft, the maintenance crew, the air traffic controller, or even a third party. In many cases, more than one party is liable for the accident.
Oklahoma law follows the theory of comparative negligence, which means that if you’re partly responsible for your injuries, your compensation will be reduced by your percentage of fault. For example, if you’re found to be 20% at fault for the accident, your compensation will be reduced by 20%.
Damages in Aviation Accident Cases
If you’re injured in an aviation accident in Oklahoma, you may be entitled to the following types of damages:
- Medical expenses
- Lost wages
- Pain and suffering
- Mental anguish
- Disfigurement
- Disability
- Loss of companionship or consortium
In Oklahoma, there are no limits on the amount of damages that can be awarded for personal injury cases.
Potential Challenges in Aviation Accident Cases
Aviation accident cases can be challenging due to the complexity of the issues involved. Some potential challenges include:
- Multiple parties: As mentioned above, more than one party may be liable for the accident, which can complicate the case.
- Federal law: Aviation is regulated by federal law, which can make it more challenging to pursue a personal injury case.
- Technical issues: Aviation accidents often involve technical issues that require a thorough understanding of aviation technology and standards.
Conclusion
In Oklahoma, the laws governing personal injury cases determine how victims of aviation accidents can seek compensation. If you’ve been injured in an aviation accident, it’s important to seek legal representation from a knowledgeable and experienced personal injury attorney who can help you navigate the complex issues involved. With the right legal representation, you can protect your rights and get the compensation you deserve.