Injury Frequently Asked Questions

What is Aviation Law?

Aviation law governs the operation of aircraft and the maintenance of aviation facilities. Both federal and state governments have enacted statutes and created administrative agencies to regulate air traffic.

Using its constitutional authority to regulate interstate and foreign commerce, Congress may enact laws pertaining to air navigation. There have been several federal enactments along these lines: The first was the 1926 Air Commerce Act which provided, among other things, for the certification and registration of aircraft employed in interstate or foreign commerce. The statute was amended in 1938 by the Civil Aeronautics Act which created the "Civil Aeronautics Authority," a five member panel with the power to regulate all aspects of aviation within federal jurisdiction. Later, the five-member panel was changed to the "Civil Aeronautics Board" and most of its power was transferred to the Department of Commerce.

Then the Federal Aviation Act was passed in 1958 establishing the Federal Aviation Agency. There have been several subsequent acts passed by the federal government regulating aviation such as the Airport and Airway Development Act of 1970 and the Airline Deregulation Act of 1978.

The main source for aviation law is federally based. States are prohibited from regulating rates, routes or services of any air carrier authorized under the Federal Aviation Act to provide interstate air transportation. States are not prohibited, however, from enacting consistent laws, or from altering existing remedies under state law.

Contact the Montana injury lawyers at Hoyt & Blewett today.

What about Aviation Accidents?

Aviation accidents occur in a variety of different situations. While the most common aviation accidents are those involving commercial airlines, many accidents occur with private airplanes, as well as commercial and private helicopters. A general overview of aviation law can inform passengers of their rights in cases of accidents involving all types of aircraft.

The leading causes of commercial airline accidents include engine failures, controlled flight into terrain, approach and landing, loss of control, runway incursions, and weather (including turbulence). Private or "general" aviation accidents find their causes in controlled flight into terrain, weather, pilot decision-making, loss of control, and runway incursions.

Depending on the circumstances surrounding the accident, the investigation is conducted by one or more of the following agencies: National Transportation Safety Board (NTSB), Federal Aviation Administration (FAA), Transportation Security Administration (TSA) and Federal Bureau of Investigations (FBI). But, accident investigations may also involve foreign or local authorities or the Departments of Justice, State and/or Defense. Agencies such as the American Red Cross, Department of Health and Human Services and Federal Emergency Management Agency may also be involved in providing services to victims and their families. Depending on the circumstances of any given crash, other agencies may also be involved.

What is a Personal Injury?

A Personal Injury is any physical or mental injury to a person as a result of someone's negligence or harmful act. Sometimes personal injury may be referred to as bodily injury. Personal injuries can occur in a wide variety of ways. The following are some of the most common accidents resulting in personal injury:

• Auto accidents
• Dangerous or Defective Product Injuries (Product Liability)
• Aviation Disasters
• Professional Malpractice
• Workers Compensation
• Wrongful Death
• Toxic Exposure
• Home Accidents
• Dog Bites

What financial compensation is can I get in a personal injury claim?

Personal Injury Victims are entitled to recover money damages for all losses and expenses they incur as a result of an accident. The damages may include the following.

• Medical bills,
• Lost Wages, including overtime,
• Pain & Suffering,
• Physical Disability,
• Disfigurement,
• Permanent Scars,
• Emotional Trauma,
• Mental Anguish,
• Loss of Enjoyment,
• Loss of Love & Affection,
• Embarrassment,
• Mental Disability,
• Property Damage,
• All out of pocket expenses (transportation charges, house cleaning, grass cutting, and others).

How do I know if I have a Personal Injury claim?

To have a personal injury case, you must be able to show that you have been injured. This may be a physical injury or it may be an emotional injury. In addition, you must be able to show that someone else (the defendant) is at fault for your injury under a negligence, strict liability or intentional misconduct theory. In some cases, it may be necessary for you to show that the other party is more at fault for the injury than you are.

If you have been injured, you only have a certain amount of time to protect your claim before the law prevents you from pursuing it. Do not allow this to happen. Contact the Montana injury lawyers at Hoyt & Blewett today.