About Us
Over the past forty years, the firm has represented hundreds of people hurt or killed in airplane and helicopter accidents. We have also been at the forefront of some of the most notable air disasters. Our firm represented several families after the 1996 plane crash of TWA 800 off Long Island, New York. In that crash, 230 passengers died, leaving hundreds of grieving family members without answers. As a result of our hard work and the hard work of others, Congress passed the Aviation Disaster Family Assistance Act. A sampling of commercial airline crashes in which our aviation law firm has represented clients include:
- Continental Flight 1404 in Denver, Colorado
- Comair Flight 5191 in Lexington, Kentucky
- American Airlines Flight 587 in New York, New York
- KAL Flight 801 in Guam
- TWA Flight 800 near Long Island, New York
- Comair Flight 3272 near Monroe, Michigan
- USAir Flight 427 near Pittsburgh, Pennsylvania
- United Airlines Flight 585 near Colorado Springs, Colorado
- Cebu Pacific Flight 387 in the Philippines
- United Airlines Flight 232 in Sioux City, Iowa
- United Express Flight 5925 ground collision near Quincy, Illinois
- American Eagle air disaster near Roselawn, Indiana
- Ground collision of Northwest Airlines flights 229 and 1482 in Detroit, Michigan
- Continental Airlines Flight 1713 in Denver, Colorado
- United Airlines Flight 811 explosion over the Pacific
- Northwest Airlines Flight 255 in Detroit, Michigan
- American Airlines DC-10 disaster in Chicago, Illinois
- TWA Flight 840 explosion inbound to Athens, Greece
- Arrow Air disaster in Gander, Newfoundland
- Southwest 1380 uncontained engine failure
- United Flight 4933 crash at Presque Isle, ME
The Law We Practice
For cases arising from international air travel on airlines, the United States and most modern countries have ratified a treaty called The Warsaw Convention of 1929 and The Montreal Accords of 1999. In such cases, participating countries have agreed that compensation for an “accident” is automatic up to a certain dollar amount. To limit compensation above that amount, an airline must prove that the accident was caused by something other than its own fault.
When evaluating an aviation case, we consider the potential applications of law from both state and federal sources. We also consider the state in which a lawsuit should be filed. The choice of location (venue) is critical because it could affect your rights against a particular defendant. It is important that anyone contemplating the pursuit of an aviation lawsuit do so only with experienced counsel.
The Law We Practice
The United States Congress enacted The Federal Aviation Act of 1958 which has been amended several times. This body of statutory law permitted the government to enact minimum design standards for aviation products. We apply these minimum design standards in negligence and product liability cases. Because the federal regulations are “minimum standards” state law often supplements the duties of manufacturers.
For cases arising from international air travel on airlines, the United States and most modern countries have ratified a treaty called The Warsaw Convention of 1929 and The Montreal Accords of 1999. In such cases, participating countries have agreed that compensation for an “accident” is automatic up to a certain dollar amount. To limit compensation above that amount, an airline must prove that the accident was caused by something other than its own fault.
When evaluating an aviation case, we consider the potential applications of law from both state and federal sources. We also consider the state in which a lawsuit should be filed. The choice of location (venue) is critical because it could affect your rights against a particular defendant. It is important that anyone contemplating the pursuit of an aviation lawsuit do so only with experienced counsel.
The Cases We Handle
Wrongful death acts recognize that when someone’s death is caused by the fault of another, the surviving family members are harmed. These laws often permit recovery of the family members’ mental anguish, grief, and their loss of the care, comfort and companionship of the deceased, and the loss of economic contributions. Each state’s wrongful death act is unique, and identifies the class of family members (spouses, children, parents, siblings, etc.) who are entitled to recover damages and also specify the type of damages that may be claimed.
Additionally, Survival Acts permit claims that the deceased person had prior to their death. For example, pre-death pain and suffering or fear of impending death are typically classified as survival act claims. Most often, the damages recovered under a survival claim are paid directly to an estate.
We represent people who have survived aircraft crashes sustaining catastrophic personal injuries. Katzman, Lampert & Stoll has extensive experience handling cases involving severe burns, spinal injuries, traumatic brain injuries, orthopedic, and neurological injuries. We understand the complexities of the treatments and rehabilitation necessary to sustain our clients. These cases require expert testimony from doctors and a means to educate jurors about the human body, trauma, rehabilitation, and future life care.
Where We Practice
Referrals
If your client experienced a tragedy in connection with an aircraft crash, it is important that you act quickly to protect their legal rights. Never wait until the National Transportation Safety Board has finished its analysis. The NTSB’s probable cause determination and final report are not permitted to be “used” in civil litigation. The federal statute on this issue deems the material to be inadmissible. It is entirely off limits. Also, the NTSB is not subject to time constraints. It can, and has, taken the NTSB longer than applicable statutes of limitation to conclude its investigations. Most importantly, the NTSB is not subject to the rigorous standard for expert opinion required in a court. The NTSB can speculate, can reach unreliable conclusions, and can be told what to conclude by manufacturers who most often are the real entities performing the investigation. Therefore, it is important to involve experienced aviation counsel early in the process so that the appropriate legal channels and demands for retention and production of evidence can be made.
To underscore the importance of acting quickly and not awaiting the NTSB’s final determinations, USA Today authored an article called “Safety Last: Lies and Coverups Mask Roots of Small-Plane Carnage.” In that article, a USA Today investigative reporter discussed several cases that were handled by the lawyers at Katzman, Lampert & Stoll. The report discusses how in these horrific accidents, that the NTSB wrongly blamed the accidents on pilot error when in fact the crashes were caused by defective products. Click here to read the article.
In the early stage of a case, evidence must be preserved. It may be necessary to timely serve written notices demanding preservation of evidence to government entities and private insurers; radar data must be gathered before it is lost; and there can be a host of matters requiring immediate attention. We understand what needs to be accomplished and are ready to discuss these issues and evaluate your aviation case.
MICHIGAN OFFICE
Katzman Lampert & Stoll
950 West University Dr #101
Rochester, MI 48307
E-mail: DKatzman@klm-law.com
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Toll-Free: (866) 309-6097
Phone: (248) 258-4800
Fax: (248) 258-2825
COLORADO OFFICE
Katzman Lampert & Stoll
9596 Metro Airport Ave.
Broomfield, CO 80021
E-mail: BLampert@klm-law.com
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Toll-Free: (866) 309-6097
Phone: (303) 465-3663
Fax: (303) 867-1565
PENNSYLVANIA OFFICE
Katzman Lampert & Stoll
121 N. Wayne Ave. # 205
Wayne, PA 19087
E-mail: BStoll@klm-law.com
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Toll-Free: (866) 309-6097
Phone: (610) 686-9686
Fax: (610) 686-9687