How Aviation Litigation is Different from all Other Types of Litigations
Aviation litigation is quite different from other types of litigation. The main difference is that it centers on the relationship between the actor and the product. Most other types of litigation involve a victim and an actor.
Some other key points of difference include:
Duration of the Litigation
Other types of litigation take a relatively shorter time to resolve than aviation litigation. In aviation litigation, more time is needed to analyze legal issues and decide and realize the appropriate remedies.
Additionally, aviation litigation often involves complex facts and issues, such as:
- Disputes over manufacture and quality of the product
- Nature of the defect and its impact
- Liability of the manufacturer
- Liability of the retailer
Scope of the Litigation
The scope of aviation litigation is much broader than other types of litigation. It is because there are many more product types and potentially affected parties.
The affected party, for instance, may have thousands of different claims or theories about holding the manufacturer liable for their injuries or losses. As a result, many issues must be decided if an individual is to pursue a lawsuit in court.
This process can be a daunting task for those who are uninformed. It is advisable to seek the help of an aviation attorney as soon as possible to make sure that you can file a lawsuit. Nonetheless, even if you are skilled, you need help deciding which issues you wish to pursue.
Cost of Litigation
The costs of aviation litigation are slightly higher than other types of litigation because the time it takes to resolve a case is often prohibitive. In many cases, the cost of litigation is highly dependent on the severity of the injury and the complexity of the issues.
Therefore, you must find a reputable aviation attorney with pocket-friendly rates. Contact us and schedule an appointment for the best aviation litigation in LA.
Virtually Unlimited Discovery
In order to obtain a large volume of evidence, most aviation cases allow nearly unlimited discovery. The opposing party is permitted to obtain all documents they may need to oppose an aviation claim.
Besides that, the discovery process is much more streamlined than other litigation types. In aviation cases, depositions are typically only required on limited issues.
Appeal Process
Aviation litigants often face an uphill battle in court. The FAA and the courts acknowledge that there are no absolute rights in aviation litigation and that questions of law are not always easy to resolve.
For these reasons, the appeal process is more complicated than most other types of litigation. Furthermore, the appeal process is quite lengthy. Getting the case to a full appellate court can take as long as five years.
Additionally, aviation litigants are often required to pay an expensive filing fee to obtain a full appellate review, which is a substantial burden.
Settlement Potential
Aviation litigation is more likely to be settled than other types because there is a greater likelihood that the parties can reach an impasse in the case. This case is especially true if the claimant has extensive evidence at hand, knows about the problems with the case and the likely outcome, and wants to settle.
Additionally, aviation litigants may obtain a more favorable settlement than other litigations due to the ease with which they can get into an impasse in court.
Type of Compensation
The aviation litigation settlement process differs from other types of l litigation. Aviation litigants typically pursue a percentage of their actual economic loss as compensation for their injuries. This figure is typically lower than the percentage of economic loss expected by the government because the FAA relies on the claimant to set the rates at which they may recover from the manufacturer.
To sum it up, the aviation litigation system differs from other litigation systems. These differences affect the victims in a variety of ways. You should therefore ensure you are covered by the best of the best.
Mark Scott
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
