What damages are recoverable in aviation accident cases?
Generally, if the person survives, the damages include pain and suffering, medical bills and loss of wages, both past and future. In the event of a death in an aviation crash, the relatives of the victim can recover damages for the loss of support the victim would have provided, funeral expenses, and damages for the aid, comfort, and society the decedent would have provided to the family members had he or she lived.
Except for international flights, the plaintiff who is still alive is entitled to recover damages for past and future medical expenses, past and future wage loss, past and future pain and suffering, and if it is deemed that conduct is bad enough, punitive damages (i.e., punishment damages against the defendant). If the passenger on the airplane dies, his or her survivors are entitled to recover full compensation for their economic losses that result from the passenger’s death as well as emotional distress damages which stem from the loss of society care and comfort of the decedent. If the survivors can prove that the plaintiff lived for a period of time between the negligent act and death, they can also bring an action for punitive damages.
