Are there any special considerations in plane crash cases that involve wrongful death?
Yes, plane crash cases involving wrongful death have some special considerations. First, although a plane accident may appear to be an ordinary incident, the parent or guardian of a person who has suffered a wrongful death may be entitled to compensation under a concept called “strict liability.” This means that the defendant may be liable to the plaintiff even if they did not act negligently. In certain cases involving plane crashes, passengers or victims’ families may be able to bring legal claims against the airline, aircraft manufacturer, and/or other parties involved in the crash. In addition, California has passed a law that introduces a more generous damages cap for wrongful death cases involving plane crashes. This law states that families of plane crash victims can receive a maximum of a million dollars for pain and suffering and other “non-economic” damages. In addition, families may receive up to one million five hundred thousand dollars for economic damages such as lost wages. Finally, families of plane crash victims may also be able to receive punitive damages. Punitive damages are awarded when the defendant’s behavior was particularly egregious and are meant to deter bad behavior. However, it is important to note that punitive damages are rarely awarded by courts. In summary, families of plane crash victims may be entitled to compensation under a concept of strict liability, an increased damage cap, and potentially punitive damages in certain cases. It is important to consult a lawyer to understand your rights in a plane crash case involving wrongful death.
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