What to Do After an Aircraft Accident in Florida
Aircraft accidents can be overwhelming, leading to safety concerns, significant financial losses, and complex legal issues. Whether you own a private plane, a commercial aircraft, or a corporate jet, knowing the right steps to take after an accident is critical for protecting your rights.
This guide covers what to do after an aircraft accident, how diminished value and loss of use claims work under Florida law, and how you can recover your losses with the help of an experienced Florida aircraft accident attorney.
Understanding Diminished Value and Loss of Use Claims in Florida
When an aircraft is involved in an accident, it often suffers more than just physical damage. Even after repairs, the aircraft’s market value can drop significantly due to potential buyers perceiving it as less reliable. This reduction in resale or market value is called diminished value (DV).
Additionally, loss of use (LOU) claims arise when an aircraft is grounded due to repairs or inspections, preventing it from operating. If your plane is used for commercial purposes, charter services, personal pleasure, or essential travel, being unable to use it can result in substantial financial losses.
Does Florida Recognize Diminished Value and Loss of Use Claims?
Yes! Florida state law acknowledges both diminished value and loss of use claims. Courts have ruled in favor of claimants seeking compensation for financial losses related to these claims:
McHale v. Farm Bureau Mut. Ins. Co., 409 So. 2d 238 (Fla. 3d DCA 1982): The court upheld diminished value claims in property damage cases, reinforcing the right to recover losses beyond physical repairs.
Meakin v. Dreier, 209 So. 2d 252 (Fla. 2d DCA 1968): The ruling confirmed that an owner can seek compensation for loss of use, even if they did not rent a replacement vehicle. This precedent applies similarly to aircraft.
These legal precedents strengthen your ability to recover financial losses following an aircraft accident in Florida.
Common Causes of Aircraft Accidents
Understanding how an aircraft accident occurs can help determine liability and legal options.
Here are some of the most frequent causes:
Pilot Error: Mistakes in navigation, misjudgments, or improper responses to mechanical issues.
Mechanical Failures: Engine malfunctions, control system breakdowns, or landing gear issues.
Severe Weather Conditions: Poor visibility, high winds, and sudden storms can contribute to crashes.
Runway Incidents: Collisions on the runway, taxiway mishaps, or hard landings.
Maintenance Negligence: Faulty inspections or improper repairs can lead to failures mid-flight.
Third-Party Errors: Mistakes by air traffic control, refueling personnel, or ground crew.
Steps to Take Immediately After an Aircraft Accident
If your aircraft has been involved in an accident, follow these critical steps to protect yourself legally and financially:
1. Ensure Safety and Seek Medical Help
Prioritize the safety of all passengers and crew. If necessary, call emergency services for medical assistance.
2. Report the Accident to Aviation Authorities
You must notify the appropriate agencies such as:
Federal Aviation Administration (FAA)
National Transportation Safety Board (NTSB)
Local law enforcement if the accident occurred on public or commercial property
3. Gather Evidence & Document the Damage
Take high-quality photos and videos of the aircraft damage and accident scene.
Get witness statements and contact information.
Keep records of mechanical inspections and flight logs.
4. Contact Your Insurance Provider
File a report with your aviation insurance provider but be cautious about making statements that could impact your claim.
5. Consult a Florida Aircraft Accident Attorney
A specialized aviation accident lawyer can help you:
Determine liability and identify responsible parties.
File a diminished value claim for your aircraft.
Recover loss of use damages if your aircraft is grounded.
Negotiate with insurance companies to ensure maximum compensation.
Major Airports in Florida Where Aircraft Accidents Can Happen
Florida has numerous airports that experience high air traffic, making them common locations for aviation incidents.
Some of the busiest and most notable include:
Miami International Airport (MIA)
Orlando International Airport (MCO)
Tampa International Airport (TPA)
Fort Lauderdale-Hollywood International Airport (FLL)
Palm Beach International Airport (PBI)
Southwest Florida International Airport (RSW)
Jacksonville International Airport (JAX)
Pensacola International Airport (PNS)
St. Pete-Clearwater International Airport (PIE)
Gainesville Regional Airport (GNV)
Tallahassee International Airport (TLH)
If your aircraft was damaged at one of these airports, you may be entitled to compensation for losses. This includes potential recovery for repair costs, diminished value, and loss of use, ensuring that you are not financially burdened due to circumstances beyond your control.
Why You May Need an Attorney After an Aircraft Accident
Consulting an aviation attorney in Florida is crucial when dealing with an aircraft accident claim, as these cases involve complex aviation regulations, insurance policies, and valuation disputes. The Sheldrick Law Firm is well-versed in diminished value claims and provides legal guidance to protect your financial interests.
We will:
✅ Conduct a comprehensive investigation to establish liability and identify all responsible parties.
✅ Advocate for the full diminished value of your aircraft, ensuring you are compensated for its reduced market worth.
✅ Pursue a loss of use claim to recover financial losses caused by the downtime of your aircraft.
✅ Negotiate aggressively with aviation insurance companies to prevent inadequate settlement offers.
✅ Represent you in litigation if necessary, fighting for the maximum compensation you deserve
Contact The Sheldrick Law Firm: Speak with an Aircraft Diminished Value Attorney
If your aircraft has been damaged in an accident, don’t leave money on the table. You may be legally entitled to compensation for diminished value and loss of use under Florida law.
📞 Call The Sheldrick Law Firm now at (561) 440-7775
💻 Schedule a consultation online at www.TheSheldrickLawFirm.com
📍 Serving clients throughout Florida – Boca Raton, Fort Lauderdale, Miami, Islamorada, Key West, Orlando, Tampa, Sarasota, Jacksonville, and more!
Get the legal representation you need from Kayla Sheldrick, an attorney who fights for your legal rights and financial recovery.