New Orleans
Aviation accident cases are some of the most technically demanding claims in personal injury law.
They usually consist of complex laws, layering federal regulation and, in some cases, international treaties, all on top of typical Louisiana tort law.
The Voorhies Law Firm represents victims of general aviation, charter, and commercial aviation accidents across New Orleans and Louisiana.
Aviation accidents range far beyond commercial airline crashes and include small private aircraft, charter flights, helicopter operations, and crop dusters.
Common causes include:
Because these cases so often involve the manufacturer, the operator, a maintenance provider, and sometimes the federal government, identifying every responsible party early is one of the most important parts of building an aviation case.
Aviation accident claims sit at the intersection of Louisiana tort law and a layer of federal, and sometimes international, law that doesn’t normally apply to an ordinary car accident or truck accident case.
Defendants in aviation cases frequently argue that federal aviation regulations preempt state law negligence claims, particularly around aircraft design, maintenance, and operation.
Courts have gone different directions on how far this preemption reaches. This is one of the first strategic questions any aviation case needs answered, since it can shape which claims are even available.
For accidents involving international air travel, an international treaty called the Montreal Convention can completely preempt state law claims against the airline, substituting its own liability framework and deadlines.
For claims against the manufacturer of small aircraft (general aviation), a federal law called GARA imposes an 18-year statute of repose.
This means that claims made against the manufacturer for older aircrafts may be barred entirely regardless of when the accident occurred, subject to exceptions such as when the manufacturer knowingly withheld safety information from the FAA.
If air traffic control error contributed to the accident, a claim may need to proceed against the federal government itself under the Federal Tort Claims Act, which comes with its own notice requirements and procedures entirely separate from an ordinary Louisiana lawsuit.
For claims that proceed under ordinary Louisiana law rather than a federal or international framework, the general deadline is two years from the date of the incident, under Civil Code article 3493.1, for accidents on or after July 1, 2024.
STEP 1
Free consultation.
Tell us what happened. We’ll give you an honest read on the legal frameworks that may apply to your case, at no cost.
STEP 2
Preemption and jurisdiction analysis.
We determine which body of law, state, federal, or international, governs your specific claim.
STEP 3
Investigation.
We work with aviation experts to review maintenance records, flight data, and any NTSB findings.
STEP 4
Identifying every responsible party.
We evaluate claims against the pilot, operator, manufacturer, maintenance provider, and, where applicable, the federal government.
STEP 5
Damage calculation.
We account for medical costs, lost wages, pain and suffering, and, in fatal cases, wrongful death damages.
STEP 6
Demand, notice, or negotiation.
We pursue your claim through whichever channel, state court, federal court, or an administrative claim, applies.
STEP 7
Filing suit, if needed.
We file within the deadline that governs your specific claim.
STEP 8
Resolution.
Your case is resolved, whether through settlement or in court.
We handle aviation accident claims involving:
Aviation cases take real investigative and legal firepower, and we bring exactly that.
Our job is to identify every responsible party and build the case with the technical rigor these claims demand.
The Voorhies Law Firm has recovered over $100 million for clients across the full range of cases we handle.
Results may vary considerably in aviation matters given the technical and jurisdictional complexity involved.
Aviation cases require an attorney comfortable navigating federal preemption arguments, statutes of repose, and sometimes international treaties, not just Louisiana tort law.
Richard P. Voorhies III and the team at The Voorhies Law Firm bring that level of preparation to every aviation matter we take on.
We’re recognized by Super Lawyers and other legal organizations, but what matters most in cases of this level of complexity is a direct, experienced legal team, who is ready to fight for you.
We handle aviation accident cases on contingency, so there’s no costs involved unless we recover compensation for you.
They can raise the argument, but preemption in aviation cases is complicated and doesn’t automatically eliminate every state law claim. Whether it applies, and how far, depends heavily on the specific facts and legal theory involved.
GARA generally shields aircraft manufacturers from liability for planes older than 18 years, with limited exceptions. It applies specifically to manufacturer claims for general aviation aircraft, not to the pilot or operator.
It can significantly. The Montreal Convention may govern claims against the airline for international flights, which comes with its own rules and deadlines that differ from ordinary Louisiana law.
It depends entirely on which legal framework applies. Ordinary Louisiana claims generally follow the two-year deadline under Civil Code article 3493.1, but claims against the federal government or under an international treaty follow different, often shorter, rules.
Not upfront. We handle these cases on a contingency fee basis, so payment only comes from compensation we recover for you.
