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 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
SAM, Medellin, Colombia in 1993
The fatal SAM flight originated in Panama and was en route to Medellin, Colombia when the aircraft entered 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 former firm.
AVIATECA, San Salvador, El Salvador in 1995 Various firms, including Mr. Montoya's former Fort Lauderdale firm, represented families of victims involved in an airline accident in El Salvador. The accident occurred when the flight crew of the 727-200 inadvertently veered off course and crashed against a volcano. Several lawsuits were filed in the South Florida area seeking compensation for the families under the Florida Wrongful Death Act and other principles of tort law. All cases handled by Mr. Montoya's former firm were eventually resolved.
AMERICAN AIRLINES, Flight 965, near Cali, Colombia
On December 20th 1995, just five days before
Christmas, a Boeing 757 traveling from Miami, Florida to Cali, Colombia struck
a mountain and was destroyed. The facts of the case revealed that as the
aircraft approached its destination near Cali, Colombia, the flight crew was
surprised to know that they had veered off course and were headed toward the
Andean Mountain chain. Upon hearing ground proximity warnings, the flight
crew attempted to pull the aircraft over an approaching mountain. Unsuccessful,
the aircraft struck the mountain and broke apart. Over 160 people lost
their lives that evening and only 4 survived.
Mr. Montoya, along with his
former partners, represented over 28 passengers killed in airline accident.
Interestingly, this case was one of few international airline cases where a
federal judge granted Plaintiffs' Motion for Summary Judgment under the Warsaw
Convention and ruled the accident was caused by willful misconduct by the
airline's pilots. In one particular passenger case, Mr. Montoya, along with his
former partner, tried and received a verdict of $1.3 million dollars.
MILLON
AIR CARGO, Manta, Ecuador in 1996
Mr. Montoya, along with his former partners, 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 in 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, Bogota, Colombia in 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 retained 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.
On February 1, 2008, an LAB flight
was diverted to an alternate airport due to stormy weather.While en route to its alternative
destination, the aircraft ran out of fuel and crashed into the Bolivian
jungle.Luckily, all passengers
survived the crash but many suffered severe and disabling physical
injuries.The Montoya | Lopez, P.L. law firm
represented
and successfully resolved over 47 passenger cases that were filed in
Miami federal court.
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.
MONTOYA | LOPEZ, P.L.
Miami, Florida Attorneys
4960 Southwest 72nd Avenue, Suite 303 | Miami, Florida 33155
