Can you sue an airline for crashing?

When a major airplane crash does occur, however, the outcome can be devastating. Families of victims and survivors may bring a lawsuit against the airline or aircraft.



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When a commercial airliner goes down, families will almost always be able to recover compensation from the airline and its insurance carrier. This will most likely be the case whether the crash was due to pilot error, a malfunction in the plane itself, or an “act of God,” such as lightning in a storm.

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Individuals can sue airlines in small claims court for damages caused by an airline's negligence. For example, damages can arise from personal injuries (for example a broken arm) or from emotional distress caused by an airline's negligent treatment.

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U.S. airlines aren't required to compensate passengers for flight delays. Refunds are only guaranteed for entirely canceled flights (assuming the passenger opts not to be rebooked by the airline). There's also no legal requirement for airlines to offer additional flight delay compensation.

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In general, the family can recover financial compensation, known as “damages,” for loss of support, and children can recover for loss of a parent's nurture, care and guidance. Some states permit damages for grief and suffering of family members, although New York and many other states do not.

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U.S. law and U.S. Department of Transportation (DOT) regulations exempt airlines from lawsuits by passengers in most circumstances. You may be able to sue in small claims court, but in most cases you can resolve the problem by working directly with the airline or filing a complaint with the DOT.

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The DOT does not require the airline to offer compensation, but it doesn't hurt to ask.

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Air travel isn't always fun. Things go wrong. And while you're unlikely to get compensated because a summer thunderstorm made your plane late, it's often worth complaining to the airlines and seeing what you can get for your travel inconveniences.

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Depends on how the aircraft crashes! Some have been traveling nearly 500 miles an hour and nose-dive straight into the ground or sea, in which case the impact would kill instantaneously, and no physical pain would be felt, but mental anguish could be felt on the way down!

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In fact, of the 568 U.S. plane crashes between 1980 and 2000, more than 90 percent of crash victims survived [source: BBC]. In the event of an air disaster, there are things you can do that can increase your odds of living. Keeping a calm, cool head amidst panic and disorder isn't easy, but key to your chances.

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However, if your first flight is delayed for more than 3 hours, you may be entitled to compensation from the airline that caused the delay. In addition to compensation, the airline must offer you a choice between: Reimbursement of your ticket and a return flight to your departure airport if you have a connecting flight.

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If airlines cancel a flight for any reason, passengers are legally entitled to a full refund, including for ticket price, taxes, baggage fees, extra charges and ancillary fees.

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Complaints about an airline or TSA
If the airline does not fix the problem, file a complaint with the U.S. Department of Transportation (DOT). Airline safety - Contact the Federal Aviation Administration (FAA) hotline. Airline security - Contact the TSA through their security issue web form.

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Report the damage at the Baggage Service Office in the airport or you can submit a claim online. For domestic flights, report the damage within 24 hours of receiving your bags.

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