How Long Do Aviation Incident Cases Take in Illinois?
Aviation incident cases are often among the most complex types of personal injury litigation. Unlike a typical vehicle collision, aviation cases frequently involve multiple parties, federal regulations, technical investigations, and extensive expert analysis.
As a result, aviation cases often take longer to resolve than many other personal injury claims. While some cases settle within a year, others may take several years depending on the complexity of the investigation and the severity of the injuries involved.
Understanding the stages of an aviation case can help injured individuals and families know what to expect throughout the legal process.
Phase 1: Case Evaluation and Investigation
Estimated Timeline: 3–12 Months
The first phase focuses on determining what caused the incident and identifying all potentially responsible parties.
This stage may include:
Reviewing investigative reports
Preserving aircraft evidence
Collecting maintenance records
Obtaining pilot logbooks and training records
Reviewing weather data
Analyzing air traffic control communications
Interviewing witnesses
Many aviation incidents are investigated by federal agencies, which can add time to the process.
Phase 2: Filing the Lawsuit
Estimated Timeline: 1–3 Months
Once the initial investigation is complete, attorneys may begin negotiations with insurers or formally file a lawsuit.
This phase may involve:
Preparing demand packages
Identifying all defendants
Filing a legal complaint
Serving parties with notice of the lawsuit
Because aviation incidents often involve multiple defendants, filing can be more complex than in traditional personal injury cases.
Phase 3: Discovery Phase
Estimated Timeline: 12–36+ Months
Discovery is often the longest stage of an aviation case.
During discovery, both sides exchange information and evidence, including:
Depositions of pilots, mechanics, and witnesses
Maintenance and inspection records
Training documentation
Aircraft manufacturer records
Expert reports regarding liability and damages
Medical records and treatment updates
Cases involving aircraft manufacturers, maintenance providers, or commercial operators often require extensive discovery.
Phase 4: Mediation or Settlement Negotiations
Estimated Timeline: 3–12 Months (or ongoing)
Many aviation cases settle before trial.
Settlement discussions may involve:
Negotiating compensation for medical expenses and lost wages
Evaluating future medical treatment needs
Participating in mediation sessions
Reviewing settlement offers and counteroffers
Negotiations frequently continue throughout litigation and may occur multiple times before trial.
Phase 5: Trial
Estimated Timeline: Several Weeks (Typically 2–5+ Years After Filing)
If the parties cannot reach a settlement agreement, the case may proceed to trial.
At trial:
Evidence and testimony are presented
Aviation experts explain technical issues
Medical experts discuss injuries and long-term impacts
A judge or jury determines liability and damages
Although trials themselves may last only a few weeks, reaching trial can take several years.
Factors That Can Lengthen the Timeline
Several factors can affect how long an aviation case takes, including:
The severity of the injuries
Whether fatalities occurred
The number of defendants involved
Federal investigations
Aircraft manufacturer involvement
Ongoing medical treatment
Court scheduling delays
Cases involving catastrophic injuries or wrongful death often require additional time because the full extent of damages may not be immediately known.
Is It Worth Waiting?
For many injured individuals and families, the legal process can feel frustratingly slow. However, aviation cases often require substantial investigation and expert analysis to fully understand what happened and who may be responsible.
A comprehensive case can help:
Maximize compensation
Recover future medical expenses and lost earning capacity
Hold negligent parties accountable
Improve aviation safety practices
While every case is different, patience and preparation are often essential to achieving a fair result.
Work With an Aviation Attorney in Illinois
Aviation cases involve complex technical issues, federal regulations, and multiple potentially responsible parties.
At Hurley McKenna & Mertz, P.C., we investigate aviation incidents, work with aviation and engineering experts, and guide injured individuals and families through every phase of the legal process. Our team is committed to pursuing accountability and full compensation for our clients.
If you or a loved one was injured in an aviation incident, contact our Illinois aviation attorneys today for a confidential consultation and guidance on your legal options.
