Press Release (ePRNews.com) - ANCHORAGE, Alaska - Aug 13, 2018 - According to The Guardian, “The Malaysian Airlines plane MH370 carrying 239 people vanished en route from Kuala Lumpur to Beijing on March 8, 2014, above the Indian Ocean. All efforts to track down the plane have failed and the jet’s whereabouts have remained a mystery ever since. Alien abduction, North Korea, and an insurance scam are just some of the bizarre theories behind the disappearance. One popular theory is the doomed flight was hijacked by pilot Zaharie Ahmad Shah and intentionally flown outside the search area.” The airline lost contact with air traffic control close to the Phuket Island in the Strait of Malacca. There have been numerous searches for the airline, its crew, and passengers for the past four years but only four parts of the airline were found in four different locations, however, the important pieces to the puzzle such as the flight data recorder and the cockpit voice recorder have not been found. How is such a tragedy dealt with legally by relatives of the passengers and crew of MH370? This article will discuss the likely legal recourse to be found in similar aircraft accidents and then MH370.
The circumstances under which the Malaysian Airlines plane disappeared are unique, however, the personal injury suffered by relatives of the victims involved in the plane’s disappearance are all similar. Under such circumstances it is likely that plaintiffs will seek damages for the loss of their loved ones. The legal term for such loss is that of wrongful death. Wrongful death is when someone dies due to the fault of another person or entity. The survivors may be able to bring about a wrongful death lawsuit seeking compensation for the survivor’s loss such as lost wages from the deceased, lost companionship and funeral expenses. It must be noted that wrongful death claims exist when a person dies due to the legal fault of another person and involves all types of fatal accidents from simple car accidents, medical malpractice or aircraft accidents.
With regards to the Malaysian Airlines, legal action is not limited to Malaysian nationals as some of the passengers were from different parts of the world including China, the U.S and Australia. As a result, international air travel is governed by international laws that set out issues dealing with jurisdiction and the ability of the injured to recover compensation. The law in place is the Montreal Convention of 1999 that addresses international law with regards to air disaster compensation for accidents involving states that are parties to the convention. Almost all United Nations member states are members of the International Civil Aviation Organization (ICAO) that adopted the Montreal Convention treaty. According to the Montreal Convention the statute of limitations for compensation “under the international treaty governing compensation for the victims of air disasters any court action to claim damages must be taken within two years from the date the aircraft arrived or should have arrived.”
It is likely for a lawyer to ask you detailed questions about how the accident happened and about your injuries, pain and suffering, medical history, medical treatment, work history, educational history, information regarding lost earnings and more. The point is not to pry but it is to allow the lawyer to know the facts of the case and determine how complex your case is. In addition, it helps the lawyer know what he or she is working with.
A Crowson Law Group attorney stated that “the underlying personal injury action that can be brought against the Malaysian Airlines or other aircraft and airlines of wrongful death can be undertaken where any aircraft crashes killing occupants. Such legal action is taken by relatives of the deceased. Under such circumstances the relatives must seek legal assistance from such as the Crowson Law Group which has extensive experience in handling such lawsuits.”
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