Aviation Accident Lawyer in Miami

South Florida is one of the most aviation-dense regions in the United States. Miami International Airport (MIA), Fort Lauderdale-Hollywood International (FLL), Tamiami Executive (TMB), Opa-Locka (OPF), Fort Lauderdale Executive (FXE), and several other general-aviation airports collectively handle thousands of flight operations every day. Add helicopter tours, flight schools, agricultural aviation, seaplane operations to the Bahamas and the Keys, and frequent corporate jet traffic, and South Florida sees more aircraft accidents than almost anywhere else in the country.

Aviation Accident Cases Are Different

Aviation cases involve a layered set of federal and international regulatory frameworks that do not apply to ordinary tort cases:

Federal Aviation Regulations (FARs) govern almost every aspect of aircraft design, manufacture, maintenance, certification, pilot qualification, and operation.
NTSB investigations follow most accidents involving fatalities or serious damage. NTSB findings are admissible in some respects (factual findings) and inadmissible in others (probable cause). The NTSB report is often the starting point for the civil case.
Federal preemption applies to many state-law claims relating to aircraft operation, design, and pilot certification.
The Montreal Convention applies to international flights and creates a special framework for passenger injury and death claims.
The Death on the High Seas Act (DOHSA) may apply to fatal aviation crashes occurring more than three nautical miles from shore.
The General Aviation Revitalization Act (GARA) provides an 18-year statute of repose for aircraft and component manufacturers in many cases.

Common Aviation Accident Scenarios in South Florida

General aviation crashes — single-engine and small twin aircraft
Helicopter crashes (tour, news, EMS, charter)
Seaplane crashes
Flight school training accidents
Commercial airline injuries (turbulence, slips, baggage strikes)
Runway incursions and ground-handling injuries at MIA and FLL
Charter and on-demand operations
Skydiving incidents
Drone-related incidents

Who Can Be Liable in an Aviation Crash

The pilot (or pilot's estate)
The operator of the flight (charter company, flight school, tour operator)
The aircraft owner
The aircraft manufacturer (subject to GARA's 18-year repose, with exceptions)
Component manufacturers (engines, avionics, structural parts) — often outside GARA
Maintenance providers and FBOs
Air traffic control (federal sovereign immunity rules apply)
Fuel providers in contamination cases
Other aircraft in mid-air collisions

The NTSB Investigation Process

The National Transportation Safety Board investigates most aviation accidents in the United States. The investigation typically takes 12–24 months and produces a "Probable Cause" report at the end. The factual portions of the NTSB report are admissible in civil cases; the conclusions on probable cause are not. We obtain the full NTSB docket — including witness statements, maintenance records, ATC recordings, and weather data — through public records requests and FAA correspondence.

Damages

Aviation accident cases often involve catastrophic injuries or death. Damages can include past and future medical expenses, lost wages and earning capacity, pain and suffering, mental anguish, and (in fatal cases) Florida Wrongful Death Act damages or DOHSA damages depending on the location of the crash. Punitive damages may be available in cases of gross negligence or intentional misconduct.

Statutes of Limitation

Florida's two-year statute of limitations on negligence claims (for crashes on or after March 24, 2023) applies to most aviation cases. International flights are subject to the Montreal Convention's two-year limitations period. DOHSA actions have a three-year limitations period. The General Aviation Revitalization Act may bar claims against aircraft manufacturers more than 18 years after delivery, with exceptions.

NTSB Part 830 Notification and Preservation

The operator of any aircraft involved in an accident or specified "serious incident" must notify the NTSB immediately under 49 CFR Part 830. That same regulation requires the operator to preserve all wreckage, mail, and cargo until released by the NTSB, and to preserve flight recorders. In practice, the NTSB takes custody of the airframe, the engines, the avionics, and (where installed) the cockpit voice recorder (CVR) and flight data recorder (FDR) for laboratory analysis at the Vehicle Recorder Division in Washington. Our office moves quickly to send written preservation letters to the operator, the FBO, the maintenance facility, and any component manufacturer with potential evidence — including engine logs, the last 100-hour inspection records, weight-and-balance worksheets, fuel-uplift receipts, and pilot logbooks. ADS-B data captured by FlightAware, FlightRadar24, and the FAA's System Wide Information Management feed is also collected before it ages out.

FAA Enforcement vs. the Civil Case

The FAA enforces airman certification under 14 CFR Part 61, operating rules under Parts 91 (general operations), 135 (on-demand charter), and 121 (scheduled airline), and maintenance under Part 43. An FAA certificate action against a pilot — suspension, revocation, or a 44709 reexamination — is a separate proceeding from the civil damages case, but the underlying facts overlap. We routinely pull the FAA's Airmen Certification database, the pilot's Form 8500-8 medical history (subject to privacy), and any prior enforcement actions in the FAA's Enforcement Information System.

Federal Tort Claims Act and ATC Errors

When the cause of an accident is a sequencing or separation error by air traffic control at Miami Center, MIA Tower, Opa-Locka, or Tamiami, the claim is against the United States under the Federal Tort Claims Act (28 U.S.C. § 1346, § 2671 et seq.). FTCA claims require a sworn administrative claim on Standard Form 95 served on the FAA within two years of the accident. The agency has six months to admit, deny, or fail to respond; only then does the case proceed to U.S. District Court. The FTCA also bars punitive damages and jury trial.

Typical Defendants

The pilot or pilot's estate (Part 91 general aviation)
The Part 135 charter operator, Part 121 air carrier, or flight school
The aircraft owner and any leaseback partnership
The airframe and engine manufacturers (Cessna/Textron, Piper, Cirrus, Robinson, Bell, Pratt & Whitney, Lycoming, Continental, Rolls-Royce) subject to GARA
Avionics and component manufacturers (Garmin, Honeywell, Collins)
The Part 145 repair station that last serviced the aircraft
The FBO that fueled or handled the aircraft
The United States for ATC, weather briefer, or military controller error

Evidence to Preserve

Cockpit voice recorder and flight data recorder (where installed)
Aircraft and engine logbooks, AD/SB compliance records, work orders
Maintenance facility shop tickets, parts traceability, mechanic certifications
ATC voice tapes, radar tracks, ADS-B data, and the Aeronautical Information Manual entries in effect
NEXRAD weather radar, METAR/TAF, NOTAMs, and pilot's preflight weather briefing
Fuel sample, fuel-quality records, and uplift receipts
The pilot's recent logbook entries, flight-review records, and medical certificate
NTSB Group Chairman factual reports as they are released

Common Defense Tactics

Pilot error is solely to blame. Manufacturers and maintenance providers routinely point at the pilot to defeat product-liability and negligent-maintenance claims. Expert reconstruction matters.
GARA bars the claim. Component-by-component analysis is required; the 18-year clock can restart on overhauled or replaced parts under the "rolling provision" of the General Aviation Revitalization Act.
Federal preemption. Defendants argue that FAA standards displace state tort duties; courts have allowed many negligence theories to coexist with federal regulation.
Probable cause is inadmissible. The NTSB's probable-cause finding is barred from evidence under 49 U.S.C. § 1154(b), but the underlying factual reports come in. The defense will try to keep both out.

What to Do After an Aviation Accident

Get medical care and preserve every medical record from the first responding hospital — Jackson Memorial, Kendall Regional, or wherever the survivor was flown
Do not give a recorded statement to the operator's insurer, AIG Aviation, USAIG, Global Aerospace, or any aviation-claims adjuster
Preserve the wreckage by writing the operator, the FBO, and the insurer; do not allow scrapping or salvage release
Photograph the scene before the NTSB sanitizes it, if access is permitted
Identify witnesses on the ground or on neighboring aircraft frequencies
Contact aviation counsel before the FAA certificate-action interview and before signing any release

South Florida Operating Environment

South Florida airspace is unusually busy and unusually complicated. MIA Class B airspace overlaps the approach paths into FLL and Opa-Locka. Tamiami Executive (TMB) is a major training base for primary and instrument students. The Bahamas air-route system pushes single-engine and light-twin traffic across the Florida Straits, and the Keys see daily seaplane and helicopter activity. Frequent summer convective weather, sudden microbursts, and salt-air corrosion all factor into accident causation analysis in ways that out-of-state experts often miss. Local pilot and mechanic experts who know MIA approach plates, the Tamiami practice areas, and the typical seaplane operations at Watson Island add real credibility to the case.

Frequently Asked Questions

Will the NTSB report tell me who was at fault?

The NTSB issues a "probable cause" finding, but by statute that finding is inadmissible in civil court. The factual portions — wreckage exam, weather, ATC transcripts, maintenance records — are admissible and form the backbone of the case.

Can I sue Boeing or Airbus directly?

Yes, on a product-liability theory if a design or manufacturing defect contributed. For general aviation, the GARA 18-year statute of repose is a major hurdle and requires careful analysis.

What if the crash happened over the Atlantic or in the Bahamas?

The Death on the High Seas Act controls for fatal incidents more than three nautical miles offshore, and the Montreal Convention controls for international commercial flights. Both limit damages categories that would otherwise be available under state law.

Who pays for the investigation?

We advance the cost of metallurgical testing, engine teardown, accident-reconstruction experts, and human-factors specialists on a contingency basis. You owe nothing unless we recover.

If you or a loved one has been involved in an aviation accident anywhere in South Florida, contact the Law Offices of Albert Goodwin. Call 786-522-1411 or email [email protected] for a free consultation.