The moments and days following an aviation accident are chaotic and emotionally devastating, but actions taken during this period can significantly affect your ability to recover compensation later. Whether you survived an accident yourself or lost a family member, knowing what steps to take helps protect your legal rights while you cope with the immediate crisis.
This guide addresses practical steps rather than emotional coping—not because emotions are unimportant, but because protecting your legal position requires specific actions that grief and trauma can cause people to overlook.
If You Survived the Accident
Seek medical attention immediately, even if you feel fine. Adrenaline and shock can mask serious injuries. Internal bleeding, head trauma, and spinal injuries may not produce obvious symptoms initially. Medical records documenting your condition immediately after the accident become crucial evidence connecting your injuries to the crash.
Tell medical providers about the accident and describe any symptoms, however minor. "I was in a plane crash" should be the first thing you tell emergency responders and doctors. Your medical records should clearly reflect the accident as the cause of any injuries discovered.
Document everything you can about the accident while memories are fresh. Write down what you saw, heard, and experienced. Note the sequence of events as you remember them. This contemporaneous account helps preserve details that may fade over time and provides a foundation for later testimony.
Preserve physical evidence including your clothing, personal items damaged in the crash, and any documents like boarding passes or tickets. Do not wash clothing with blood or debris—it may contain evidence. Photograph everything before cleaning or discarding.
Photograph your injuries as they appear immediately after the accident and throughout your recovery. Bruises, cuts, and swelling fade; photographs preserve evidence of their initial severity. Take photos daily for the first week and weekly thereafter until you have fully healed.
If a Family Member Was Killed
Contact the airline to confirm your family member's status if you have not already been officially notified. Airlines are required to confirm passenger information to immediate family members. Make sure you speak with official airline personnel, not media or unofficial sources.
Do not rush to identify remains if the airline requests this. Take time to have a trusted friend or other family member present. Consider whether in-person identification is actually necessary—in some cases, dental records or DNA can confirm identity without family members viewing remains.
Secure important documents as soon as possible. Your family member's will, life insurance policies, financial records, and personal papers will be needed. The estate will need to be administered, and having these documents gathered early helps that process proceed smoothly.
Contact an aviation attorney before accepting any payments or signing any documents from the airline. Airlines often offer immediate assistance—funeral costs, travel expenses, interim payments—that may seem compassionate but can include release language limiting your future claims.
Dealing with Airlines and Insurers
Do not provide recorded statements to airline representatives or insurance adjusters without first consulting an attorney. What you say can be used against you in later proceedings. Politely decline to make statements beyond basic factual information like your name and contact information.
Accept only limited assistance that does not require signing releases. Airlines may offer to cover immediate expenses. Before accepting any money or signing anything, read all documents carefully and consider having an attorney review them. Many early offers include release language buried in the fine print.
Keep copies of all communications with the airline, including emails, letters, and notes from phone calls. Record the date, time, and name of anyone you speak with. This documentation protects you if disputes arise about what was said or offered.
Preserving Evidence
Request copies of your ticket purchase confirmation, boarding pass, and any other travel documents you may not have retained. These documents establish your presence on the flight and your contractual relationship with the airline.
Identify and contact witnesses. If you survived, get contact information from other passengers or rescuers who might have observed relevant events. Witness memories fade quickly—capturing their accounts early preserves valuable evidence.
Do not discuss the accident on social media. Anything you post publicly can be discovered by defendants and used against you. This includes casual comments, photos, or updates about your condition. Assume that defendants will search your social media history.
Preserve any physical items from the flight—magazines, headphones, safety cards, or other items that might document conditions on the aircraft. These items may seem insignificant but could become relevant evidence.
Consulting an Attorney
Contact an aviation attorney as soon as practically possible. This does not mean you must file a lawsuit immediately—it means you should get professional advice about protecting your rights. Most aviation attorneys offer free initial consultations and can advise you on immediate concerns.
An experienced attorney can send preservation letters requiring the airline to retain evidence, can engage experts to conduct independent investigation, and can advise you on what to say and what to avoid saying. Early engagement provides the best protection for your legal rights.
Do not assume you cannot afford an attorney. Aviation cases are handled on contingency, meaning the attorney is paid from any recovery rather than by you paying hourly fees. If there is no recovery, you owe nothing. This system exists to give accident victims access to justice regardless of their financial situation.
Managing Practical Matters
Notify your employer about the accident and your expected absence. If you were injured, you may be entitled to short-term disability benefits, FMLA leave, or workers' compensation if you were traveling for work.
Contact your own insurance companies—health insurance for medical bills, travel insurance if you purchased coverage, and any other policies that might provide benefits. File claims promptly to avoid missing deadlines.
If a family member was killed, you will need to begin estate administration. This involves probating the will (if one exists), being appointed personal representative or administrator, and handling the decedent's affairs. An estate attorney can guide this process.
Looking Ahead
Give yourself permission to focus on healing and grieving. The legal process will unfold over months or years, not days. Taking time to recover emotionally and physically is appropriate—you do not need to make major decisions immediately.
Keep records of ongoing expenses related to the accident: medical bills, therapy costs, lost wages, travel for treatment, and any other costs you incur. These records support your damage claims and ensure you are fully compensated for all accident-related expenses.
Remember that airlines and their insurers have teams of professionals protecting their interests. Having your own experienced counsel provides the balance needed for fair treatment in a system where you are otherwise at significant disadvantage.