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.

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.