It’s been just under a month since the crash of Asiana 214 and the first of what appears to be many victims lawsuits has been filed. It’s time to look at the legal landscape of the case. Who has rights?  What are those rights? And what are the damages victims can expect? We asked Scott Diamond, a partner of Philadelphia’s Sacks, Weston, Petrelli, Diamond, & Millstein and personal injury attorney who has litigated several transportation-related cases, to answer the hard questions about the lawsuits to come and the victim’s legal rights.

What can we expect to see from victims of the recent airline accidents?

Recently, the first of what will be many lawsuits against Asiana airlines were filed. Without doubt, Americans will take legal action. With Asiana 214, the NTSB has unofficially laid blame on pilot error in the Asiana crash. Since the pilot is employed by the airline, the airline is vicariously liable. That, and the employer (airline) are responsible for the actions of its employees.

Will the lawsuits against Asiana be filed here or in Seoul, where the Airline’s based?

These cases may be brought in many jurisdictions in the United States. Even a foreign citizen will will likely file the claim in the U.S., as the tort law is stronger for injured victims in the US. What generally happens is that discovery will be consolidated so that all attorneys participate for each of their clients. The damages will all be separate and should be treated as individual cases. A common misconception is that airline cases like these will produce a class action case – this is impossible as the repercussions of the crash are different for each victim.

How was the Asiana crash different than crashes in which there are no survivors?

The difference in this crash is that there were many survivors with serious injuries. The damages will be much higher because not only do they have the suffering of going through the crash, they actually lived and will have the scars – both physical and mental – for life.

Could this be the end of Asiana Airlines?

Asiana will likely continue on as they have. Although I do not know about the insurance coverage, I am certain that they maintain coverage for claims like these. The reputation may be a PR nightmare, but we have seen several major airlines recover from tragedies like these without the airline closing.

What will happen to the pilot of the Asiana crash? Will he be charged?

The captain piloting the Asiana flight is an employee of the airline. Therefore, the airline is fully liable for his actions while performing his job.

How is the Asiana incident different than the recent Southwest incidents?

The Asiana crash was due to pilot error; Southwest was due to system failure. Because of these facts, it is a lot clearer whom suits will be filed against in the Asiana crash – the airline. In the Southwest case, it will be much more complex because investigators will aim to figure out who is liable for what happened. In airplanes, there are so many moving parts. Hypothetically, a wire fails, which is attached to a hydraulic system, and the chain of command goes on and on until a catastrophic failure ensues. All component manufacturers, maintenance personnel and the airline may be responsible. This makes it much harder to determine who is at fault.

Will the airlines settle the cases before trial, or will these cases go to court?

Every good lawyer prepares as if every case will go to trial. I expect most of the cases filed to end up in a courtroom. I can only speak to my jurisdiction, but if the cases were filed here (in Pennsylvania or New Jersey), I would expect the cases to take 18 months to 2 years to reach a jury once the action is filed.

What about those who were aboard one of the planes, but not injured? Do they have a case?

If someone was frightened but walked away unharmed, they most likely don’t have a case. Each of those affected will be hiring a contingency attorney, which means the attorney will take the case free of cost, and they are only paid when the victim receives compensation. In order to recover, one must have an injury that a medical professional links to the event. There must be cause and effect. Expert testimony must be offered that links with reasonable probability or certainty that a defined injury was caused by the defendant’s negligence.

• What You Can Do to Survive A Plane Crash
• Peter’s Initial Blog on the Asiana Air Crash
•  A Pilot’s Analysis of Potential Errors in Asiana 214

By Scott Diamond for PeterGreenberg.com. Diamond is partner of Philadelphia’s Sacks, Weston, Petrelli, Diamond, & Millstein. Diamond is a certified trial attorney and has litigated several transportation-related cases.