Introduction
An aviation accident can generate several parallel legal processes.
There may be an accident investigation, regulatory proceedings, civil compensation claims, insurance disputes and, depending upon the facts, criminal investigation.
Investigation and Liability Are Different
An accident investigation seeks to determine what happened and how future accidents can be prevented.
A civil claim, by contrast, focuses on legal responsibility and compensation.
These objectives should not be confused.
Passenger Claims May Involve International Law
For international carriage, the Montreal Convention establishes rules concerning passenger injury and death. ICAO identifies Article 17 as establishing carrier liability for qualifying passenger injury or death.
Conclusion
Air-crash litigation requires careful coordination between aviation law, evidence, insurance, tort principles and international conventions.
The strongest legal strategy begins by identifying the applicable liability regime before attempting to calculate compensation.
