DC Plane Crash Lawyer
A recent plane crash over the Potomac River, involving a small aircraft and a military helicopter, has brought renewed attention to the risks of aviation accidents in Washington, D.C. DC is known to have the strictest aviation rules in the country. Flying anywhere directly over the District is strictly prohibited for commercial aircraft. When an airplane is flying into Washington Reagan (DCA), it is required to be on a very tight flight path. While DCA is not the largest airport, it is home to the busiest runway in the country, with planes landing about every minute. All the while, it cannot deviate even slightly from its path or risk fighter jets being scrambled from a nearby airbase. With all these precautions, one may believe that a DC plane crash lawyer is seldom necessary. But in the wake of tragedy, victims and their families deserve justice.
A crash of a commercial airliner in the United States is exceptionally rare. The last time there was a crash was in 2009 in Buffalo, New York. In Washington, DC, understanding who is responsible requires experience with federal aviation laws, National Transportation Safety Board (NTSB) investigations, and local regulations. A complex interplay exists between federal regulations affecting civil air travel and military activity. Nonetheless, traditional rules of negligence still apply. And where negligent behavior leads to tragic deaths, families and estates are entitled to compensation. An experienced DC plane crash lawyer can help you and your family navigate these intricate legal matters and advocate on your behalf against the federal government when a military helicopter causes a crash. Immediate action can preserve evidence, comply with strict deadlines in filing a claim against the federal government, and ensure that responsible parties are held accountable.
Call today for a free consultation with a DC plane crash lawyer.
Legal Rights of Plane Crash Victims and Their Families
When there is a fatal plane crash, there are two claims available. The first claim available is for the estate of the decedent. This is a survival action. In Washington, DC, Section 12-101 governs the law on survival claims. The statute is simple, but pursuing a survival claim can be complex. The statute itself is simple. But, the statute’s purpose is to overrule the common law, which holds that the right to claim compensation passes with the victim. Once an estate is established, the representative may step into the decedent’s shoes for specific intents and purposes and pursue a survival action. A personal representative for the estate, also known as an administrator or executor, is appointed prior to the decedent’s passing or appointed by the laws of intestacy. A DC plane crash lawyer can assist with creating the estate and pursuing a survival action against the appropriate party.
The second claim is a wrongful death claim. In Washington, DC, only certain parties can make a wrongful death claim. But remember, other parties may also have a claim if they are named in the will. If that is the case, their claim aligns with the survival action. You may also have a claim if you are a spouse, child, parent, or grandparent. Your eligibility to make a claim is decided by statute where the death occurs. The types of compensation available to you in a wrongful death claim also vary depending on your relationship with the decedent. Next, we examine the types of compensation available with assistance from a DC plane crash lawyer.
Types of Compensation Available After a Plane Crash

The types of compensation available after a plane crash depend on your relationship to the victim. If you are pursuing a wrongful death claim, your damages are generally limited to funeral and burial costs, loss of future income, loss of companionship, consortium, parental training, guidance, and, in some cases, punitive damages. The rationale behind these damages in a wrongful death claim is never meant to replace the loss of life. The judicial system understands that is impossible. However, courts also recognize that losing a family member can put you in a precarious financial situation. If you lose a family member, you have emotional damages. Unfortunately, that is generally not directly compensable unless you witness the incident. The purpose of these damages is to provide financial security in a time of considerable uncertainty.
The second aspect of the claim is the survival action. This generally is joined with the wrongful death claim and may even be brought by the same party. Nonetheless, it serves a different purpose. This is to compensate the decedent. The victim’s right to make a claim against the negligent party survives their death. And if they have a will, the party to whom the victim wanted to pass their assets should receive that compensation.
Recent Aviation Accidents in D.C., Including Military and Civilian Collisions
- January 30, 2025: A midair collision occurred between an American Airlines jet and an Army Black Hawk helicopter near Ronald Reagan Washington National Airport. The crash has prompted a large search-and-rescue operation in the nearby Potomac River. This was the deadliest U.S. air crash in nearly 24 years.
Who Can Be Held Liable in a Plane Crash?
Countless individuals can be held liable in a plane crash. This may include aircraft operators, helicopter manufacturers, maintenance technicians, air traffic control, or military agencies. However, a prudent DC plane crash lawyer aims to maximize compensation for clients. Thus, at Gelb & Gelb, we target primarily the party with the most resources to cover your damages. This is seldom an individual but instead a government agency. Of course, we must prove that this defendant is also a proximate cause of your or your family’s damages. This requires extensive investigation. The legal cause of the plane collision may be pilot error, mechanical failures, weather conditions, or fuel issues. As the plaintiff, we must prove the defendant’s liability by a preponderance of the evidence. Thus, we must act quickly and thoroughly investigate the accident.
If the claim is against the military, this falls under the jurisdiction of the federal government. Therefore, your DC plane crash lawyer must be licensed to practice in federal court.
What to Do If You or a Loved One Is Affected by a Plane Crash
- Speak to a DC plane crash lawyer: That should be your first step. Handling this complex case alone is a mistake that could jeopardize any compensation your family receives. There are deadlines set by statute that apply when filing a claim against the government. A failure to comply with these deadlines could jeopardize your case.
- Obtain official information: Authorities such as the National Transportation Safety Board (NTSB) and the Federal Aviation Administration (FAA) will investigate the incident immediately. Their investigation will yield evidence vital to your claim.
- Avoid Premature Settlement Offers: Airlines, insurance companies, or other responsible parties may offer settlements soon after the crash. These initial offers are often far below what families are entitled to. They do this to settle before you speak with an attorney and understand the full value of your case.
- Understand Your Legal Rights: A DC plane crash lawyer can help you understand your rights and aggressively pursue a claim.
Contact Gelb & Gelb Today
On the date of the plane crash over the Potomac, wind gusts were over 30 miles per hour, which is believed not to be a factor in the accident. Despite the accident occurring at night, there was clear visibility as the skies were clear of fog or adverse weather conditions. If you are looking to hire an aviation attorney, call our office today. The DC plane crash lawyers at Gelb & Gelb have handled personal injury law in Washington, DC, for 71 years. Since then, we have recovered over $150 million for our clients. Call our office today for a free case consultation at (202) 331-7227.
