MONTOYA | LOPEZ, P.L.

Attorneys that get the job done

Air Disaster and Aviation Litigation
Air disaster accidents are unexpected life-altering events that inevitably disrupt or shatter the lives of many families.  From simple runway incidents to mid-air collisions, families of victims are often left disoriented, helpless and financially devastated by the loss of their loved ones. 

At the same time, airline carriers and insurance companies, while occupied with the investigation of the crash, often neglect to truly understand the impact a crash can have on any given family.  Instead, many of these companies try to minimize their exposure to high compensation awards and increased insurance premiums by negotiating quickly settlements with families for values that are less than reasonable. 

The Miami law firm of Montoya | Lopez, P.L. is sensitive to the issues facing families victimized by air accidents.  We work closely with experts such as licensed pilots, economists, treating physicians and other professionals that provide the families of victims the necessary treatment to heal and better recover from the trauma of losing a loved one in an air accident.  From objective economic projections by certified accountants and economists to testimony by psychologists and medical physicians on issues related to pain and suffering, every case is evaluated individually.  By focusing on the individual, the firm strengthens its argument of the impact the loss has had on the family.

Miami attorney Edward Montoya, founding member of the firm, has represented many families involved in air disaster accidents.  For over a decade, Mr. Montoya and his former partners, have successfully represented families of victims involved in international air disasters including:

SAM, Medellin, Colombia in 1995


Mr. Montoya, while at his former firm, represented families of victims involved in an airline accident near Medellin, Colombia. The fatal SAM flight originated in Panama and was en route to Medellin, Colombia when the pilot became disoriented during a storm and crashed against a mountain near Medellin, Colombia.  Mr. Montoya's former firm, along with other South Florida and national law firms filed suit in a Miami, Florida court and engaged in litigation until a resolution was achieved.  The results were to the satisfaction of all families represented by Mr. Montoya's firm.

AVIATECA, San Salvador, El Salvador in 1995

Various firms, including Mr. Montoya's former law firm, represented families of victims involved in an airline accident in El Salvador. The accident occurred when the pilot of the 727-200 lost direction and crashed against a volcano. Soon thereafter suit was filed in the Miami-Dade County Circuit Court alleging wrongful death and allegations of negligence. All cases were eventually settled after an extended period of discovery and mediation.


AMERICAN AIRLINES Flight 965, Buga, Colombia in 1995

Mr. Montoya, along with his former partners, represented over 28 passengers killed in airline accident when pilots of the ill-fated AA Flight 965 took an unpublished route and crashed against a mountain (Cerro San Jose) near Cali, Colombia. A federal judge in Miami granted Plaintiffs' Motion for Summary Judgment in 1998 and ruled the accident was caused by willful misconduct by the airline's pilots. Mr. Montoya, along with his former partner, tried and received a verdict of $1.3 million dollars. Other cases were resolved prior to trial.


MILLON AIR CARGO, Manta, Ecuador in 1996

Mr. Montoya, along with his former partner, represented over 40 families that sustained personal injury damage as a result of an airline crash. Many victims died as a result of serious burns and injuries. Case was filed in the Miami-Dade County Circuit Court and later was resolved at mediation.

CUBANA DE AVIACION, Quito, Ecuador, 1998

Mr. Montoya, along with his former partners, represented many families in the above crash that was caused by pilot error. The case was mediated in Quito, Ecuador before a panel of international mediators. The evidence presented showed clear and convincing evidence of willful misconduct pursuant to the Warsaw Convention as modified by the Hague Protocol.

TAME, Bogotá, Colombia, 1998

The firm represented families of victim who died in the crash caused by pilot error. Families of the crew, employees of TAME, filed suit in Paris as allowed by the Warsaw Convention and its progeny.  Families of passengers who retained Mr. Montoya settled their cases several years after the accident.

TAESA AIRLINES, Michoucan, Mexico in 1999


Mr. Montoya, along with co-counsel represented several families that lost loved ones in the fatal crash involving an old DC-9 aircraft. Shortly after the crash, investigators gathered critical evidence that lead to the eventual resolution of the case.


LAPA AIRLINES, Buenos Aires, Argentina in 1999


On August 29, 1999, a Boeing 737-200 crash upon take-off after experiencing engine problems. Many passengers sustained injuries and fatal wounds. Claims were brought on behalf of several passengers in Buenos Aires and were resolved during mediation. Mr. Montoya was retain as US counsel by foreign firms.


ATLAS AIR, Guayaquil, Ecuador , 2000


Several families were injured as a result of being struck by falling debris from an ATLAS 747-200 engine explosion in midair. Families sustained severe injuries and sought medical care and treatment. All cases were resolved to the satisfaction of the clients that retained Mr. Montoya. 




TAME, Cumbal Colombia 2002

Over 40 passengers lost their lives in what is considered one of Latin America's most horrible accidents. Pilots of a 727 Boeing aircraft failed to properly follow Colombian tower control instructions in circling or going around for a second attempted landing. While circling, pilots struck a volcano thereby killing themselves and everyone aboard. Mr. Montoya, along with co-counsel, represented the majority of passengers and resolved all passenger cases prior to the second anniversary of the crash.


RICO LINHEAS AEREAS et. al., Manaus, Brazil 2004


Nine wrongful death complaints were filed alleging negligence, strict liability and other counts requesting compensation against several US manufacturers of engines and propellers stemming from a May 2004 air crash of an Embraer EMB 120 aircraft. All 33 on board died. The firm is currently engaged in discovery in this matter. In December 2006, the firm settled all cases against the airline company.



GOL Air Disaster over Brazil, 2006


On September 29, 2006, an Embraer Legacy 600 business jet, owned and operated by ExcelAir, a New York corporation, was on a scheduled commercial flight from Manaus, Brazil to Rio de Janiero, Brazil with a planned stop in Brazilia. Its eventual destination was the United States.

While traveling at an altitude of 37,000 feet, an altitude that did not correspond to its flight plan and contradicted the established air traffic norms, it collided in mid-air with GOL Flight 1907 fatally wounding 154 passengers.

The Embraer Legacy landed safely with its 7 occupants. Our firm is currently in representation of families whom have lost loved ones traveling in the GOL aircraft.

Our firm is currently cooperating with Brazilian entities investigation the crash in hopes of uncovering the true nature of the incident and holding the proper defendants responsible.




News and Results
Santa Barbara Air Crash
The firm was retained by a family to investigate the cause of the Santa Barbara crash. 
West Caribbean Crash
Mr. Montoya and co-counsel won an important victory against Boeing when a Miami Judge refused to send the cases of the West Caribbean crew to Martinique.  
TANS Peru Crash
Mr. Montoya and co-counsel in Chicago won a critical ruling in which an Illinois judge denied Boeing its motion to dismiss all passenger cases to Peru.

Air France
Mr. Montoya along with French counsel have resolved all pending cases against Air France stemming from a 1998 accident in Bogota, Colombia.  Families included many European citizens and one family from mainland China.
Need Assistance?
If you, a loved one or some one you know was involved in an air disaster matter and need assistance, please contact our office or fillout our Accident Questionnaire.