If you were hurt while aboard a commercial aircraft, would you know what to do? Would you know what your legal options were and what next steps you should take? For most people, even people who are very smart, educated, business-savvy or sophisticated, the answer reasonably would be “no.” An experienced Chicago injury attorney can help you navigate the ups and downs of the legal system and avoid the potential pitfalls that possibly could ground your case before ever making it to trial.
Injuries aboard airplanes can come in many varieties. Some of those include incidents that involve a food/beverage cart. That is what allegedly happened during one recent international flight on United Airlines, as reported by Pacific Daily News. According to the injured passenger, D.J., he was injured when a flight attendant moved the food/beverage cart very suddenly. The movement allegedly sent the previously-stopped cart careening at a “fast rate of speed” sideways into D.J. The complaint also asserted that D.J. suffered injuries in the ramming incident and required aid from a registered nurse who was also a passenger on the flight. The passenger allegedly received additional care from a medical clinic in the Manila airport.
The injured passenger filed his lawsuit in U.S. federal district court, seeking $113,000 in damages. D.J., however, decided to advance his case without a lawyer.
Deciding to proceed in your air travel injury case without legal counsel can be exceptionally risky. For one thing, there are several procedural rules and requirements that can result in your case being dismissed before it ever makes it to trial. In the Daily News report, a United representative indicated that the airline had not yet been served notice of D.J.’s lawsuit. Completing the process of serving notice may sound like something very simple, but it involves many detailed requirements, and failure to complete the process meticulously in accordance with the rules can result in your case being thrown out. Consider that the federal courts have separate rule subsections for serving an individual person located in the U.S., an individual located abroad, an individual who is a minor or is legally incompetent, a corporation/partnership/association, or a federal governmental entity. Knowing the specific details of these rules from top to bottom can be the difference between properly effectuating service (and getting to trial) and losing via a dismissal.
Additionally, there is also the statute of limitations. The statute of limitations establishes exactly how long you have to file your lawsuit. Wait even one day after the limitations period has expired and your opponent potentially can get your case dismissed. There may be very valid reasons for not filing right away (such as collecting evidence from the scene, securing expert witnesses and so forth,) but the statute of limitations often carries strict enforcement, so it may be important to wait, but even more important not to wait too long. A detailed understanding of the statute of limitations can make the difference between a timely filing and one doomed to dismissal.
Another vital service your experienced injury attorney can provide is helping you analyze exactly how much your case is “worth.” In D.J’s self-represented case, he sought $113,000 in compensation. That amount might be plausible or might be overly optimistic. A skilled injury attorney can give you an assessment from the voice of experience, which can place you in a better position to assess your options and choose the one that makes the most sense for you.
If you have been hurt in an airplane accident, make sure you have the information, the advice and the diligent representation you need on your side. The skilled Chicago injury attorneys at Katz, Friedman, Eisenstein, Johnson, Bareck & Bertuca have been effectively representing personal injury clients for many years and are here to help you with your case and the pursuit of the compensation you deserve. To set up a free case evaluation, contact us at 800-444-1525 or through our website.
More Blog Posts:
A Flight Attendant’s Broken Leg from an Uncontrolled Beverage Cart is Just the Latest Reminder of the Potential Dangers in the Air, Chicago Injury Attorneys Blog, Aug. 24, 2018
Will Incidents of Unexpected Midair Turbulence Only Get More Frequent and More Severe?, Chicago Injury Attorneys Blog, June 11, 2018