Plane in the sky

Chicago Aviation Accident Lawyer

$7 Billion

Recovered

5 Star

Rated

65+ Years

in Business

Despite commercial airlines reputation for being one of the safest ways to travel, when accidents occur, the consequences can be devastating for everyone involved. Aviation accidents require immediate attention, specialized legal knowledge, and a thorough understanding of the aviation industry’s complex regulations to ensure victims receive proper compensation.

At Cooney & Conway, our dedicated attorneys bring decades of specialized experience fighting for injured victims. We understand the complex regulations governing commercial airlines, aircraft manufacturers, and aviation safety protocols that can make these cases particularly challenging for those without legal representation.

Request a FREE case review today. Call: (800) 322-5573

When May I Have a Valid Aviation Accident Claim in Chicago?

You may have a valid aviation accident claim if you were injured as a passenger, airport visitor, or bystander during a commercial flight incident in or connected to Chicago.

The key elements that strengthen your ability to file an aviation injury claim may include:

  • Duty of Care: You must be able to establish that the airline, airline attendants, flight crew, aircraft manufacturer or maintenance crew owed you a legal duty of care.
  • Breach of Duty: Evidence that the duty of care owed to you was breached.
  • Causation: The negligent act must have led to the incident that injured you.
  • Damages: You must have sustained real damages, such as medical costs, property damage or lost wages.

How Could an Airline Breach Its Duty of Care?

Airlines have a high legal duty of care to passengers. Here are some common ways this duty might be breached:

  • Negligent Operations: Improper aircraft maintenance, ignoring safety warnings, or operating in dangerous weather conditions.
  • Pilot Error: Mistakes in navigation, improper response to emergencies, or flying while impaired or fatigued.
  • Inadequate Training: Failure to properly train flight crew in safety procedures or emergency protocols.
  • Security Failures: Insufficient screening of passengers or baggage, allowing dangerous items onboard.
  • In-Flight Negligence: Flight attendants failing to secure the cabin properly, hot beverage spills, dropping items from overhead bins, or improper response to onboard medical emergencies.
  • Equipment Failures: Defective seats, overhead bins, or other passenger amenities that cause injury.
  • Communication Failures: Not warning passengers about known turbulence or failing to provide proper safety instructions.
  • Ground Operations: Injuries during boarding or deplaning, issues with jetways, or improper handling of wheelchairs or assistance devices.

Our aviation attorneys investigate these and other potential breaches to establish liability in your injury case.

How Much Is My Chicago Aviation Injury Case Worth?

The value of your Chicago aviation injury case depends on several factors unique to aviation law and your specific circumstances, with no predetermined settlement amount. Compensation typically ranges from tens of thousands to millions of dollars based on injury severity, with catastrophic injuries or wrongful death claims from commercial aviation accidents potentially resulting in high-figure settlements due to the comprehensive insurance policies maintained by major airlines and aircraft manufacturers.

Your potential compensation will be calculated based on:

  • Economic damages: Including past and future medical expenses, lost wages, and diminished earning capacity
  • Non-economic damages: Pain and suffering, emotional distress, and loss of enjoyment of life
  • Punitive damages: Awarded in cases of extreme negligence or misconduct by airlines or manufacturers

Our experienced aviation attorneys at Cooney & Conway document all aspects of your damages. Using expert testimony, comprehensive medical documentation, and detailed financial analysis to maximize your recovery under Illinois law and applicable federal aviation regulations.

Call our firm at (800) 322-5573 today to get started

Who Can Be Held Liable for an Aviation Injury in Illinois?

Aviation accidents often involve multiple potentially liable parties, with varying degrees of responsibility under federal aviation regulations and Illinois state law. Identifying all possible defendants requires thoroughly investigating the events that led to the injury. This process often reveals complex relationships between operators, manufacturers, and service providers throughout the aviation industry.

Commercial Airlines and Carriers

Commercial airlines bear primary responsibility for passenger safety under the “common carrier liability doctrine,” which places the highest duty of care under Illinois law. Airlines may be liable for pilot error, flight attendant negligence, improper training protocols, failure to maintain aircraft properly, or violations of Federal Aviation Administration (FAA) safety regulations that contribute to passenger injuries during any part of flight operations.

Aircraft Manufacturers and Component Suppliers

Aircraft and component manufacturers can be held liable under product liability when design defects, manufacturing flaws, or inadequate safety warnings contribute to aviation accidents. Illinois law allows injured parties to pursue strict liability claims against manufacturers of aircraft, engines, navigational systems, or other critical components when these products contain dangerous defects that cause or worsen injuries.

Airport Owners and Operators

Whether publicly or privately owned, airport authorities are responsible for maintaining safe premises, including runways, taxiways, terminals, and ground transportation areas. Liability may arise from improper runway maintenance, inadequate security measures, defective jetways or boarding equipment, or failure to address hazardous conditions that lead to passenger injuries within the airport property or during boarding and deplaning procedures.

Maintenance and Repair Facilities

Third-party maintenance providers and repair facilities bear liability when improper servicing, negligent inspections, or failure to identify mechanical issues lead to aviation accidents. These specialized contractors must adhere to strict FAA maintenance protocols. Not adhering to the established maintenance procedures or improper documenting repairs can form the basis for negligence claims under Illinois tort law.

Air Traffic Control Personnel and Agencies

Air traffic controllers may be liable for navigation errors, providing incorrect instructions, failing to warn of hazardous conditions, or creating dangerous situations through miscommunication. Courts examine whether controllers follow established procedures and exercise reasonable care appropriate to their specialized training and responsibilities when determining liability in aviation accident cases.

Third-Party Contractors and Ground Service Providers

Various ground service providers, including fueling companies, catering services, baggage handlers, and security contractors, perform critical functions that impact flight safety. These entities may be liable when their negligence contributes to aviation accidents, such as improper fueling, unsecured cargo, foreign object debris on runways, or other ground service failures compromising aircraft safety during critical operation phases.

Government Entities with Regulatory Oversight

Government agencies responsible for aviation oversight, including the FAA and Transportation Security Administration, occasionally face liability despite sovereign immunity protections. Claims may arise from regulatory failures, negligent inspections, certification errors, or failure to enforce safety standards when these oversights directly contribute to aviation accidents, and the government has waived immunity for the specific circumstances involved in the case.

What Are the Main Causes of Airplane Injuries in Illinois?

Aviation injuries stem from various incidents, ranging from catastrophic accidents to more common in-flight occurrences. When you understand these, you can recognize potential hazards and assist attorneys in establishing liability when pursuing aviation injury claims.

  • Turbulence Incidents: Sudden air turbulence or weather-related rough air that causes passengers or objects to be thrown about the cabin, resulting in head injuries, fractures, and sprains
  • Runway Accidents: Runway overruns, hard landings, and aborted takeoffs at O’Hare and Midway airports that can cause severe impact injuries and trauma
  • Overhead Bin Failures: Improperly secured overhead compartments that open during flight or turbulence, dropping heavy luggage onto passengers
  • Flight Attendant Cart Injuries: Beverage and meal service carts that strike passengers’ limbs, causing bruises, lacerations, or more serious injuries
  • Slip and Fall Incidents: Wet floors, obstructed aisles, or poorly maintained surfaces in aircraft cabins or jetways leading to passenger falls
  • Boarding and Deplaning Accidents: Injuries occurring on jetways, stairs, or while transferring to ground transportation at Illinois airports
  • Burn Injuries: Hot beverage spills or food burns during in-flight service that cause first or second-degree burns to passengers
  • Equipment Malfunction: Defective seats, tray tables, or other cabin fixtures that collapse or break during normal use
  • In-flight Medical Emergencies: Worsening of existing conditions due to altitude changes, air pressure fluctuations, or inadequate medical response by airline personnel
  • Catastrophic Mechanical Failures: Engine malfunctions, structural defects, or system failures that lead to emergency landings or crashes

What Are My Rights as a Commercial Airline Passenger in Chicago?

Commercial airline passengers departing from, arriving at, or experiencing incidents at Chicago airports are protected by federal regulations and Illinois state laws.

  • Right to Safety: Federal Aviation Administration (FAA) regulations mandate that airlines maintain safety standards for aircraft operations, maintenance, and crew training to protect all passengers.
  • Right to Compensation for Denied Boarding: Department of Transportation rules entitle passengers involuntarily bumped from overbooked flights at Chicago airports to compensation of their one-way fare (depending on the delay length.
  • Right to Timely Delay Notifications: Airlines must provide prompt status updates and clear explanations for delays exceeding 30 minutes at O’Hare and Midway airports.
  • Right to Accommodation During Lengthy Tarmac Delays: Passengers cannot be kept on Chicago airport tarmacs for more than three hours (domestic) or four hours (international) without the opportunity to deplane.
  • Right to Baggage Compensation: Airlines must reimburse passengers for reasonable expenses related to delayed baggage or lost or damaged baggage on domestic flights.
  • Right to Special Assistance: Chicago airports and airlines must provide appropriate accommodations for passengers with disabilities under the Air Carrier Access Act.
  • Right to Refunds: Passengers are entitled to full refunds for canceled flights, significant schedule changes, or severe service class downgrades.
  • Right to Fair Treatment: Airlines cannot legally discriminate against passengers based on race, color, national origin, religion, sex, or ancestry.
  • Right to Legal Recourse: Chicago passengers may pursue legal claims through Illinois courts when airlines breach contracts of carriage or violate federal aviation regulations.

Injured In An Aviation Accident? Contact Our Trusted Aviation Attorneys Today

At Cooney & Conway, our aviation accident attorneys bring decades of experience to your case with a proven record of securing favorable results for clients. We handle all aspects of your claim while you focus on recovery, with no upfront fees.

Contact our attorneys today at (800) 322-5573 or complete our confidential case evaluation form for a free case consultation.

Experienced Lawyers. Proven Results. Call: (800) 322-5573