Fortunately, our commercial air transportation system provides a for very safe method of travel. Millions of air miles are flown every year uneventfully. Yet, accidents continue to occur. The causes are varied, and aviation accidents are almost always catastrophic. If you, or a loved one, has been involved in an aircraft or helicopter accident, we can help. Our firm advocates for victims of air crash disasters and general aviation accidents. We will help you answer the difficult question of how and why this happened? We are able to coordinate with local and federal officials to determine the cause of aviation accidents. We evaluate NTSB accident reports, gather eyewitness accounts, and review FAA regulations for signs of non-compliance or negligence. We monitor the government’s investigation of air disasters and frequently update those who lost loved ones on the progress of the case. We do everything possible to give our clients comfort and peace of mind following a loss.

Mr. Van Dyke has vast experience with aviation insurance carriers and understands the nuances of dealing with claims personnel. We will strive to obtain a “just result” for victims of air crashes, both during the course of settlement negotiations and through trial, if necessary. As accomplished litigators, the lawyers at Van Dyke & Associates, are capable of providing formidable legal representation during this very difficult time. Unlike, many national aviation disaster law firms, we do not represent multiple victims of the same accident. Your family will be our only client. In mass disaster situations, we will coordinate with plaintiff’s stearing committee to ensure that you are kept apprised of all major developments in the case.

Often, estate or probate matters will arise following the death of a loved one. While, we do not practice in the area of estate planning, we are skilled in the litigation of trust or probate matters. In addition to obtaining the best possible recovery from negligent aircraft owners and/or operators, or third parties, we can help you obtain an appointment through probate court as the legal representative of the decedent estate.

If you, or a loved one, was an employee of the aircraft operator, you will need to navigate your way through the worker’s compensation system. This can be daunting task, with very limited and defined benefits. For most aviation industry personnel, the benefits provided under the worker’s compensation system, will be grossly insufficient to compensate the victim’s family. However, in many cases, there may be third party liability or negligence that is attributable to the cause of the accident. In these situations, we investigate the potential contributing factors (and usually there are many) that resulted in the accident. Most often, an accident is the culmination of several contributing factors, rather than a result of a single cause alone. Aircraft and component manufactures, navigational aid providers, and air traffic controllers are often implicated in aviation accidents.

In addition to obtaining appropriate monetary compensation for victims, we also strive to determine, through a complete and thorough investigation, the actual cause of an aviation accident. We do this partly out of our own self interest in improving the air transportation system, but mainly out of respect for the decedent and his or her family. You need answers. We will provide them. We will prosecute those who negligently or carelessly caused the death of a loved one. In the end, hopefully you will obtain peace of mind and solace that no one else will be victimized by the careless conduct of others.

However, you should know that the National Transportation Safety Board (NTSB) is motivated to discover only the “probable cause” of an accident, rather than the “actual cause” of an accident. Our task is different. We must prove to a court of law and jury, that the defendant “proximately caused”, through their negligence, the damages sustained by our client. It is therefore important that a firm have the capabilities to undertake a “dual investigation” of an accident. In this regard, we retain expert aviation accident investigators to determine the actual cause of an accident. By doing so, we hope to improve aviation safety in general, and we trust that our actions sufficiently motivate industry executives to consider aviation safety over their “bottom lines”.

Should we discover that a dangerous or defective product was the cause of an accident, or that the user of that product was not adequately warned, we will hold the manufacturer strictly liable. In that regard, we are readily familiar with the limitations afforded manufacturers under the General Aviation Revitalization Act (GARA).

In many cases, an airline or operator of an aircraft is obviously liable for the accident and the focus of the litigation is on the issue of damages. Damages for wrongful death are unique in every situation. Every person is different and some claims will result in larger settlements or verdicts than others. At this time, it is important to demonstrate that your loved one was an integral part of your family, both as a person and financially. To that end, we will obtain information about the decedent’s activities in order to produce a “day in the life of” video to present to jurors. In addition, we obtain testimony from leading experts on the economic damages sustained as a result of the loss of a financial provider.

Unfortunately, money damages is all that we can usually obtain through the civil trial process. Rarely, do large corporations offer a personal apology. However, it is possible and refreshing when it does occur. Families need closure and sometimes only an apology will do. Whenever possible, we will strive to obtain not only monetary damages to make your family whole, but also a public apology for any wrongdoing.

If you believe that you may have a case for wrongful death of a family member, please contact our firm immediately. Do not attempt to discuss your claim directly with insurance company claims representatives. You must understand or appreciate the fact that insurance company personnel are not interested in making you whole. Rather, they are interested in obtaining settlement for as little as possible on behalf of their shareholders. We do not subscribe to the common belief that all claims personnel are deceitful in respect to their claims handling. Most claims representatives are honestly interested in paying as much as the company may owe, nothing more, nothing less. Yet, can one cannot ignore the obvious bias that a claims representative has in favor of the company. Only an attorney can advise you on the fairness of any offer of settlement. In most cases, you will be better served by declining any post-accident offer of settlement and by allowing our firm to undertake litigation in order to obtain the best possible outcome for your case.

Our firm should be contacted as soon as possible after an accident has occurred so that we may immediately travel to the site of the accident to obtain initial witness testimony and or preserve evidence. During regular business hours you may contact the firm through our office telephone or email address. In case of emergency, or after regular business hours, Mr. Van Dyke should be contacted directly by cell phone at (760) 470-4646.