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by The Stoddard Firm - March 29th, 2021
A single-engine airplane carrying three adults crashed in Gainesville this February. There were no survivors. The FAA is currently investigating the cause and details of the crash, and has so far confirmed that the three bodies found in the wreckage match the three people expected to be on board.
The plane had recently taken off from nearby Lee Gilmer Memorial Airport and was on its way to Daytona Beach, Florida. In addition to the deaths of the pilot and passengers, the crash displaced a family of five when fuel from the Cessna rained down on their home, and a wing broke through their bedroom roof.
No one on the ground has reported injuries.
Although the cause of the crash has yet to be determined, it seems that the pilot became aware of an issue shortly after takeoff. A representative of the Gainesville Fire Department reported that the pilot had tried to turn around and return to the airport for unknown reasons. One witness on the ground also described seeing the plane apparently attempt a controlled landing, before striking the trees behind the damaged home and falling into a ravine.
Based on these early reports, it’s likely that the crash was due to faulty hardware or maintenance, rather than pilot error, which means the families of the deceased likely have grounds for a wrongful death case.
All product and service providers have a duty to avoid putting consumers in avoidable or unexpected danger. Assuming this crash was indeed the result of a mechanical failure, someone somewhere in the chain of events that led to this plane being in the sky most likely failed in that duty. It might have been the Cessna Aircraft Company itself, or the manufacturer of a specific part that was installed in the craft, either by Cessna or by someone making a later modification. A maintenance company might have caused damage, or failed to catch a problem caused by wear and tear, or simply not prepared the craft correctly for this flight. It’s also entirely possible that multiple parties share some blame for the accident.
In any of these scenarios, the families would have not only a good case on paper but an excellent chance of actually recovering a meaningful settlement.
Although a wrongful death settlement obviously can’t come close to repairing the harm done to a family, it’s one of the only tools available for holding negligent companies accountable for any profit-driven corner-cutting that may have contributed to an accident. Investigations not connected with a civil lawsuit are usually not performed with this specific focus in mind.
There are many reasons to seek legal advice quickly after a tragedy such as this one, but the most important is evidence preservation.
Some of the important evidence collection and preservation is already underway, of course. The remains will be autopsied, and the FAA will recover the black box and examine its data. However, a good wrongful death aviation lawyer will take advantage of all opportunities to build the client’s case, and some of these opportunities are time-sensitive. For example, it can be extremely helpful to perform an independent examination of the crash site, or to interview witnesses directly while the incident is fresh in their minds.
If you are the next of kin of Dan Delnoce, Matthew Delnoce, or Courtney Flanders, or you’ve lost a loved one to a similar plane accident in Georgia, reach out to The Stoddard Firm right away to learn more about how we can help.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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