If you were injured in an aviation accident in California and are seeking an aviation accident attorney, Deldar Legal will protect your rights and address the legal, technical, and investigative aspects that make aviation cases unique. These claims are not ordinary personal-injury matters. They involve specialized federal regulations, rapid-moving government investigations, and complex webs of responsibility. This includes pilots, charter operators, maintenance facilities, manufacturers, and, even in some instances, airport or governmental entities. From day one, our aviation accident attorney’s role is to move quickly, secure critical evidence, and build a case that supports the full measure of compensation the law allows.
Why Aviation Cases Are Different
Commercial flights, charter operations, sightseeing helicopters, corporate jets, medevac flights, and general aviation (single-engine airplanes and turboprops) all function within a dense framework of federal aviation regulations and industry standards. A single accident can implicate multiple layers of fault: a pilot’s decision-making in deteriorating weather, an operator’s training and supervision protocols, a maintenance shop’s failure to comply with Airworthiness Directives (ADs), or a manufacturer’s defective component. Insurance coverage can vary dramatically depending on whether the flight was Part 91 (general aviation), Part 135 (charter/air taxi), or Part 121 (scheduled air carrier).
Adding to the complexity, a federal investigation by the National Transportation Safety Board (NTSB) begins almost immediately after a serious event. While NTSB safety findings can inform our understanding, they are not a substitute for a civil investigation aimed at compensation. Key data, such as cockpit voice recordings, flight data, avionics downloads, and maintenance histories, must be preserved before it is altered, overwritten, or lost in the ordinary course. Families and injured survivors often feel overwhelmed; we step in to handle communications, preserve the record, and create an orderly, evidence-driven plan.
Do I Have a Case? (Negligence & Liability Theories)
Most aviation claims involve one or more of these theories of liability:
Pilot/Crew Negligence
Errors in checklist discipline; unstable approaches and landings; fuel mismanagement; improper weight and balance; inadequate preflight; failure to divert; misreading weather or terrain; spatial disorientation in IMC; decision-making that departs from ordinary care under the circumstances.
Operator Negligence
Failure to hire, train, test, and supervise pilots; dispatch errors; duty-time and rest violations; flawed standard operating procedures; inadequate safety management systems; failure to remove an unqualified pilot from service.
Maintenance Negligence
Improper inspections or repairs; missed Airworthiness Directives (ADs); use of unapproved parts; sign-offs without proper testing; failure to comply with manufacturer service bulletins; installation or rigging errors leading to control or engine failures.
Product Defects
Design or manufacturing defects in engines, airframes, avionics, propellers, rotors, de-icing/anti-ice systems, fuel systems, or restraint systems; inadequate warnings or instructions that make the product unreasonably dangerous.
Airport/Airspace Issues
Runway contamination; foreign object debris; wildlife and bird-strike risks; inadequate signage or lighting; navigation aid outages; flawed or missing NOTAMs; negligent airfield maintenance or operations.
International Carriage
For international flights, the Montreal Convention may take precedence. It establishes liability, damages, and limitations, creating a distinct framework with different rules on timing and jurisdiction.
To prevail, we prove the familiar negligence elements: duty, breach, causation, and damages. When applicable, we also deal with strict liability for defective products. California’s pure comparative fault rule means that even if multiple parties share responsibility (including a pilot or operator), families and injured survivors may still recover compensation, reduced only by any assigned fault percentage.
Common Aviation Accident Scenarios We Litigate
While every crash has unique features, certain patterns recur:
- Loss of control on approach/landing – Stalls, spins, and runway overruns often trace to unstable approaches, excessive sink rates, or late go-around decisions. We analyze power settings, airspeed, flap configuration, and adherence to stabilized approach criteria.
- Controlled flight into terrain (CFIT) – Aircraft flown, under control, into terrain or obstacles—frequently in low visibility, at night, or in mountainous terrain. We reconcile weather briefings, altitudes, minimum safe altitudes, terrain/obstacle warnings, and pilot decision points.
- Fuel exhaustion/contamination and power loss – Inadequate fuel planning, improper fuel type, or contamination can lead to engine failure. We examine fueling records, quality control, and preflight procedures.
- Mechanical failures – Issues with engines, props, rotors, landing gear, control linkages, or avionics can stem from design defects, manufacturing issues, or maintenance errors. We pursue component inspections and teardown analysis.
- Rotorcraft hazards – Helicopter accidents may involve settling with power, loss of tail rotor effectiveness (LTE), wire strikes, or brown-out/white-out conditions, all requiring fact-intensive analysis of pilot technique and operating environment.
- Runway incursions/excursions and ground collisions – Conflicts between aircraft or with vehicles/equipment can involve signage, lighting, ATC communications, and situational awareness breakdowns.
- Operational differences (Part 91/135/121) – The governing part influences the standard of care, pilot qualifications, maintenance programs, and insurance coverage. We tailor strategy to the applicable regime.
Each scenario has a predictable evidence map, and timing is crucial. Early preservation can mean the difference between a strong case and a weak one. The more grounded the case is in hard data, the better we can fight for victims of aviation accidents. and a case that devolves into speculation.
The Evidence We Move Fast to Preserve
Our team prioritizes the rapid collection and preservation of:
- NTSB docket materials – Factual reports, exhibits, maintenance records, and ATC recordings. (Analytical portions may be restricted; we rely on the factual record and our own experts.)
- FDR/CVR or avionics data – When equipped, we obtain Flight Data Recorder and Cockpit Voice Recorder downloads. In general aviation, we look for engine data monitors (EDM), GPS units, ADS-B tracks, and integrated avionics that store flight parameters.
- Maintenance logs and records – Airframe/engine/prop/rotor logs; FAA Form 337 (major repairs/alterations); proof of AD and service bulletin compliance; part traceability; time-since-overhaul for critical components.
- Pilot/crew records – Certificates, ratings, medicals, recent flight experience and currency, checkride history, training files, duty/rest logs, and prior incidents or write-ups.
- Operator documents – Operations specifications, manuals, safety bulletins, dispatch releases, weight-and-balance sheets, load manifests, SOPs, and safety management system (SMS) materials.
- Manufacturer data – Service bulletins, service difficulty reports, design change histories, qualification testing, vendor specifications, and communications related to known issues or field fixes.
- Airport and ATC evidence – NOTAMs, METAR/TAF weather products, ATIS/ASOS archives, runway condition reports, bird/wildlife hazard logs, and ATC audio/transcripts as appropriate.
- Scene evidence – Wreckage layout, impact angles, ground scars, tree/wire strikes, photographic/video documentation, and recovery chain-of-custody.
We send litigation holds and spoliation letters immediately and, where necessary, request court orders for expedited inspections and data preservation. Our goal is to capture the facts while they are still available, accurate, and unaltered.
California & Federal Rules That Affect Your Case (Plain English)
Aviation claims often involve overlapping deadlines and procedural requirements of the following:
Statutes of Limitations (California)
Most personal-injury and wrongful-death actions must be filed within two years of the incident. If a potential defendant is a public entity (for example, certain airport authorities or public-sector maintenance), a government claim usually must be filed within six months before suit.
Federal Tort Claims Act (FTCA)
If a federal entity may be responsible, such as alleged negligence involving air traffic services—an administrative claim must be filed within two years, with detailed procedures to follow before litigation can begin.
Montreal Convention (Internation Air Carriage)
Injuries or deaths arising from international flights may be governed by the Montreal Convention, which provides a uniform framework and generally imposes a two-year limitation calculated from the date of arrival or scheduled arrival.
GARA (General Aviation Revitalization Act)
Many product-defect claims involving general aviation aircraft/parts are subject to an 18-year statute of repose. Important exceptions may apply if, for example, a new or replacement part is implicated. With enough investigating, certain kinds of misrepresentations can be proven.
Because multiple jurisdictions can apply to the same incident, our law firm will confirm the exact deadlines and procedural steps that fit your case and ensure every claim is filed on time and in the proper forum.
Damages in Aviation Cases
Civil aviation claims aim to compensate for the full scope of harm. Depending on the facts and the governing law, recoverable damages can include:
Economic Damages
- Medical Bills (ER visits, MRI, X-Rays, surgeries, prosthetics, etc.)
- Future Medical Needs (therapy, rehabilitation, in-home care, etc.)
- Travel & Lodging for Treatment
- Lost Wages (benefits, earnings, promotions, etc.)
- Out-of-Pocket Expenses
- Funeral & Burial Costs (for the wrongful death of a loved one)
Non-Economic Damages
- Pain & Suffering
- Emotional Distress
- Loss of Enjoyment of Life
- Loss of Consortium
Future Losses
- Life-Care Planning
- ADA-Compliant Home & Vehicle Modifications
- Assisstive Technologies
- Vocational/Occupational Retraining
- Permanent Disability Accommodations
Punitive Damages
- Reckless or Intentional Misconduct
- Gross Negligence or Malicious Behavior
- Punishment Beyond Compensation
- Deterrence for Future Wrongdoing
- Awarded in Severe or Egregious Cases
We focus not only on the gross recovery but also on your net result. That means working to reduce or negotiate medical liens, reimbursement rights, and cost allocations so that families keep as much of the recovery as possible.
What We Do for Families & Survivors (Start to Finish)
From the first call through resolution, our approach is structured, transparent, and proactive:
- Shield & guide – We become the single point of contact for operators, insurers, investigators, and other stakeholders. Families should not bear the burden of navigating agencies and carriers while grieving or recovering.
- Preserve & inspect – We issue litigation holds, coordinate independent wreckage inspections, and secure critical data downloads. If needed, we move promptly for court orders to prevent spoliation and to access physical and electronic evidence.
- Build the team – Aviation cases demand expert collaboration. We retain specialists in accident reconstruction, human factors, aviation maintenance, avionics, meteorology, economic damages, and life-care planning. This is to analyze every dimension of fault and loss.
- Map liability – We identify all responsible parties—pilot/crew, operator, maintenance providers, component or airframe manufacturers, airport or governmental entities, and others. Responsibility in aviation cases is rarely singular; we build a comprehensive, evidence-based allocation.
- Value the claim – We quantify the full economic and non-economic impact, document the human story with clarity and dignity, and project future needs with supportable expert analyses.
- Demand & negotiate – We prepare a comprehensive written settlement demand with factual records, expert input, and legal analysis, then negotiate against deadlines to prevent delay tactics.
- File suit & try the case – If a fair settlement is not forthcoming, we litigate in state or federal court as appropriate, conduct discovery and depositions, retain and disclose experts, participate in mediation, and try the case if necessary. Our trial-ready posture improves negotiating leverage at every step.
What to Do After an Aviation Accident (For Families & Injured Survivors)
The hours and days after a serious aviation incident are chaotic. Taking the right steps can protect your health and your legal rights:
- Seek immediate medical care – Follow all physician guidance. Keep every record, including discharge instructions, imaging, prescriptions, and referrals.
- Do not sign insurer forms – These documents can grant open-ended access to your private information and may undermine your claim.
- Collect what you can – Note the flight details, tail number, operator name, ticket or charter confirmations, and any witness contacts. Save photos or video taken by you or others.
- Preserve communications – Keep texts and emails with the operator, booking platforms, or travel companions. Be sure to retain boarding documents, receipts, and itineraries.
- Avoid social media commentary – Defense teams routinely mine posts for statements or images taken out of context.
- Call an aviation attorney early – Evidence goes stale fast. Prompt legal action can prevent the loss of data and put all parties on formal notice to preserve records.
We will guide you through each step so you can focus on healing and your family.
Local Resources & Venue Notes
Deldar Legal’s aviation accident attorneys routinely file and litigate aviation cases in California state and federal courts. We also know how to coordinate with airport authorities for operational records where appropriate. For public records and technical data, we reference factual materials from federal investigative bodies and regulatory agencies. When helpful, we provide families with practical access points for incident records and agency contacts. We guide you step by step and handle every request, so you never face the bureaucracy alone.
Why Choose Deldar Legal for an Aviation Case
- Aviation-literate team – We understand pilot decision-making, maintenance programs, avionics data, and operational differences between Part 91, 135, and 121.
- Rapid mobilization – Timing is everything. We move quickly to secure wreckage access, download data, and stop spoliation.
- Trial-ready posture – We prepare cases as if they will be tried, which increases leverage and often improves settlement outcomes.
- Bilingual representation – We serve California families in English and Spanish and coordinate with bilingual providers and translators as needed.
- Net-focused strategy – We aggressively address liens and reimbursement claims to maximize what clients keep, not just what headlines tout.
- Clear, compassionate guidance – From valuation to venue to verdict, we keep clients informed. We want you to feel empowered to make decisions with full information.
No fee unless we win. We explain costs and fee percentages in writing, keep you updated on expenses, and walk you through expected net outcomes. We complete this step before you make a settlement decision. Our mission is simple: protect your rights, honor your story, and pursue the full compensation the law permits.
FAQ
Aviation cases involve FAA/NTSB rules, multiple potential defendants (pilot, operator, maintenance, manufacturer, airport), and highly technical evidence like CVR/FDR and avionics data.
Potentially the pilot/crew, charter operator, maintenance shop, manufacturer, and sometimes an airport or government entity—often more than one at once.
NTSB docket materials, CVR/FDR or avionics downloads, maintenance and pilot records, operator manuals/dispatch, airport/ATC data, and detailed scene documentation.
Most CA injury/wrongful death claims are two years; government claims often require a six-month administrative claim; FTCA, Montreal Convention, and GARA impose separate timelines.
Economic (medical bills, future care, lost income, funeral), non-economic (pain, suffering, loss of companionship), and in egregious cases, possible punitive damages.
NTSB factual records can inform your case, but probable-cause opinions generally aren’t admissible; civil liability relies on independent evidence and experts.
Get medical care, don’t sign insurer forms, save tickets/charter details and communications, avoid social posts, and contact an aviation attorney quickly to preserve data.
We secure evidence fast, retain aviation-literate experts, map all liable parties and coverages, value full losses, negotiate firmly, and litigate or try the case when needed.
We work on contingency (no fee unless we recover, rules apply) and negotiate medical liens to maximize your net recovery; bilingual support (English/Español) is available.
Key Takeaways
- Deldar Legal specializes in aviation accident cases in California, addressing regulations and investigations that complicate these claims.
- Aviation cases differ from other personal injury cases due to their unique layers of liability involving pilots, operators, and manufacturers.
- The firm rapidly collects evidence, including NTSB materials and maintenance logs, to build strong cases for clients.
- Deldar Legal offers clear guidance throughout the legal process, ensuring families focus on recovery rather than legal complexities.
- They provide bilingual representation and have a no-win, no-fee policy to ensure clients pursue rightful compensation.
Contact a California Aviation Accident Attorney
Our aviation accident attorneys will review all of the facts to determine if negligence was a factor and to determine the parties rightfully at fault. We have successfully handled highly contentious and complicated aviation cases. If you’ve been injured or lost a loved one in an aviation accident, contact our office for a free consultation We offer free case reviews 24/7. Call (844) 335-3271 or text us now for immediate assistance or fill out the contact form on our website.