There are few things more frightening than a plane crash. Any type of airline accident has the potential to cause catastrophic damage. With modern aviation practices, the vast majority of these accidents can be avoided. However, if corners are cut on safety, serious problems can quickly arise. Victims and their families have the right to hold airlines and other negligent parties accountable.
This raises an important legal question: Which state has jurisdiction over an airline accident? The answer is “it depends”—and in some cases, multiple states could potentially have jurisdiction over the same incident. Within this article, our Wisconsin airline accident attorney provides a comprehensive overview of the key things to know about jurisdiction.
What is Jurisdiction?
Jurisdiction is an important legal concept. It is effectively the power to adjudicate. In the context of airline accident claims, jurisdiction refers specifically to the legal authority of a court to hear and decide a case. In other words, it determines which court has the power to handle a lawsuit related to an aviation accident. Jurisdiction in airline aviation cases depends on several different factors.
How Jurisdiction is Determined for an Aviation Accident
Determining jurisdiction is crucial after any type of aviation accident. Notably, the Montreal Convention is an international treaty that establishes rules for airline liability in the event of passenger injury or death for multi-national incidents. Along with other things, the international agreement has major implications for jurisdiction after an airline accident. Here are key factors that will determine the state that has legal jurisdiction over an aviation accident:
- Location of the Incident: The location of the actual incident often has jurisdiction of an airline accident. Indeed, courts in the state (or country) state typically have the authority to hear claims related to the accident. It is particularly relevant for domestic flights—where local laws apply.
- Corporate Headquarters of Defendant: Another basis for jurisdiction in aviation accident claims is the location of the airline’s corporate headquarters. These types of lawsuits can often be in the state (or country) where the airline is based. It is significant in cases involving major international carriers—as claimants may seek compensation in a jurisdiction with stronger protections.
- Location Where Ticket Was Purchased: Under the Montreal Convention, a lawsuit may be filed in the location where the passenger purchased their ticket. The jurisdictional option is beneficial for passengers in international incidents. If they booked flights in their home country, they may be able to file a claim locally instead of in a foreign jurisdiction.
Notably, multiple courts can have jurisdiction over the same airline accident, depending on the legal factors involved. Deciding where to file an airline accident claim is a strategic choice and can significantly impact the outcome of the case. Since multiple courts may have jurisdiction, choosing the right venue is a must. A top-tier Wisconsin airline accident attorney can help you make the right strategic choice in your specific case.
Aviation Accident Victims in Wisconsin Deserve Justice and the Maximum Compensation
Following any type of aviation accident in Wisconsin, it is imperative that victims are able to get justice and the maximum available financial support. Unfortunately, airlines, other corporations, and their insurance companies can make the claims process challenging. You need strong legal advocacy. Our Wisconsin airline accident lawyers help victims fight for the maximum recovery, including for:
- Property damage;
- Emergency room care;
- Hospital bills;
- Other medical expenses;
- Physical therapy;
- Loss of wages;
- Diminished earning power;
- Pain and suffering:
- Mental trauma;
- Disability/disfigurement; and
- Wrongful Death.
Why Rely On the Wisconsin Airline Accident Lawyers at Fitzpatrick, Skemp & Butler
Airline accident claims are complicated. Whether it is a personal injury lawsuit or a wrongful death claim, a wide range of complex, highly technical legal issues can arise. Jurisdiction is just one of several different examples. At Fitzpatrick, Skemp & Butler, LLC, we are proud to fight for justice for injured victims and grieving families. With millions in compensation recovered for clients across our practice areas, our Wisconsin aviation accident lawyers have the expertise you can trust.
Contact Our Wisconsin Airline Accident Attorney Today
At Fitzpatrick, Skemp & Butler, LLC, our Wisconsin aviation accident lawyers are experienced advocates for victims and their families. Our team has the knowledge and expertise to take on even the most complex of cases. If you have any specific questions or concerns about jurisdiction after an airline crash, we are here to help. Contact us today for a free, no obligation case review. We handle airline accident cases throughout all of Wisconsin.