Air Disaster Lawyers

Which Laws Govern an Aviation Accident Case in Miami?

It depends on the flight. International carriage is governed by the Montreal Convention: a strict two-year limitation, and a two-tier liability system under which the airline is strictly liable up to a treaty-set threshold (raised to 151,880 Special Drawing Rights effective December 28, 2024) and liable beyond it unless the airline proves the damage was not due to the negligence or other wrongful act or omission of the airline or its servants or agents, or was solely due to the negligence or other wrongful act or omission of a third party. Domestic claims generally proceed under federal aviation standards and state tort law — but manufacturers of general-aviation aircraft (fewer than 20 passenger seats when first certificated, not in scheduled passenger service at the time of the accident) can raise GARA’s 18-year statute of repose, generally counted from the aircraft’s first delivery, with exceptions. NTSB findings guide the investigation yet the report itself is inadmissible by statute, so liability must be proven independently — typically with experts. Wrongful-death claims governed by Florida law are brought by the decedent’s personal representative under Florida’s Wrongful Death Act. Aviation cases brought by Miami residents may be filed in the Eleventh Judicial Circuit when Miami-Dade County venue is proper, or in federal court, depending on the parties and the flight. Circuit civil cases (over $50,000) with Miami-Dade County venue are heard at the Osvaldo N. Soto Miami-Dade Justice Center, 20 N.W. 1st Avenue, Miami, FL 33128, and claims that qualify for federal jurisdiction may proceed in the Southern District of Florida, Miami Division.

How Long Do Aviation Accident Families Have to Act?

The Montreal Convention’s two-year deadline for international flights is absolute — courts treat it as a condition of the claim itself, not an ordinary statute of limitations. When Florida law governs, domestic negligence claims accruing after March 24, 2023 generally run two years (section 95.11(5)(a), Florida Statutes), and Florida wrongful-death claims run two years from the date of death. Aviation evidence — wreckage, maintenance logs, flight data — moves into official custody fast, which is why early legal representation matters.

What Should Families Do After an Aviation Accident?

Focus first on medical care and family. Then preserve everything within reach: tickets and booking records, photos, correspondence from the airline or operator, and names of other passengers or witnesses. Be cautious with early airline outreach — a quick settlement offer can arrive long before the full extent of loss is known, and a signed release can end the claim. The most serious injuries in Miami are generally routed to a Level I trauma center — the Ryder Trauma Center at Jackson Memorial Hospital or HCA Florida Kendall Hospital. Silva & Silva meets with Miami families at no cost, in English or Spanish, and explains which legal framework governs the flight and which deadlines apply.

Preparation that starts early matters in aviation cases. If your family is facing a plane or helicopter crash, call Silva & Silva at 305-445-0011 for a free, confidential consultation — no fees unless we recover.