Charleston | (304) 345-0346
Morgantown | (304) 599-1112
Charleston | (304) 345-0346
Morgantown | (304) 599-1112
Charleston | (304) 345-0346
Charleston | (304) 345-0346
Morgantown | (304) 599-1112
If you were injured or lost a loved one in a helicopter crash in West Virginia, an experienced helicopter accident attorney can help you identify every liable party and pursue full compensation for your losses. Helicopter crashes often cause catastrophic, life-altering injuries or death, and the parties responsible frequently include more than just the pilot. At Bailey, Javins & Carter, L.C., we have more than five decades of experience handling catastrophic accident claims and have secured some of the largest settlements and jury awards for our clients.
Helicopters are significantly more likely to crash than commercial airplanes. Reported figures put the total helicopter accident rate at roughly 3.62 per 100,000 flight hours and the fatal accident rate at about 0.72 per 100,000 flight hours, well above the rate for commercial airliners.
Helicopter safety has repeatedly drawn national attention. In June 2022, a Vietnam-era helicopter crashed in Logan County, West Virginia, killing six people. In 2020, the death of Kobe Bryant in a California helicopter crash brought worldwide focus to the question of how safe helicopter travel really is. When a crash happens, the consequences for the pilot and passengers are frequently catastrophic, with few or no survivors.
Most helicopter crashes trace back to one or more of the following factors:
Pilot error is the most common cause of helicopter crashes nationwide. Most helicopters cannot be trimmed and must be flown manually, so unlike a commercial airplane pilot, a helicopter pilot cannot take their hands off the controls for any length of time. This significantly increases the risk of human error. The compact size and maneuverability of helicopters can also lead some pilots to take greater risks than they would in a fixed-wing aircraft, which further raises the chance of an accident.
Helicopter crashes can cause extremely serious, life-altering injuries or death. Common injuries include:
Injuries to the dorsolumbar spine are especially common in non-fatal helicopter crashes, reportedly accounting for close to a third of all injuries victims sustain. In fatal crashes, blunt force trauma, particularly to the head, chest, and ribs, is the most common cause of death.
Victims are often treated at leading West Virginia facilities such as WVU Hospitals in Morgantown, Charleston Area Medical Center, St. Mary’s Medical Center in Huntington, Beckley ARH Hospital, and Berkeley Medical Center in Martinsburg.
Depending on the circumstances, one or more of the following parties may be liable for a helicopter crash in West Virginia:
Helicopter crashes are often caused by a combination of factors rather than a single cause. When these factors line up, they can have a cumulative effect that results in a serious accident, a concept known as the Swiss cheese model. Because of this, it is common for more than one party to share liability for a helicopter crash, which is why a thorough investigation is essential to recovering full compensation.
Depending on the severity of your injuries, you may be able to recover both economic and non-economic damages in a helicopter accident personal injury claim. Damages are calculated differently in a wrongful death claim.
Economic damages can include:
Non-economic damages can include:
Under West Virginia law, you generally have two years from the date of the crash to file a helicopter accident claim, and the same two-year limit applies to wrongful death claims. Missing this deadline usually bars you from recovering compensation, so it is important to speak with an attorney as soon as possible after a crash.
For more than 50 years, Bailey, Javins & Carter, L.C. has fought for the rights of injury victims in West Virginia and recovered millions of dollars in damages. We can launch a thorough investigation into your crash, identify every liable party, gather the evidence needed to build the strongest possible case, and negotiate aggressively for the best settlement, taking your case to trial when necessary.
Our legal team has access to a large network of subject matter experts, especially in the aviation industry, and the financial resources to take on well-funded defendants no matter how powerful they are.
Yes. Helicopters have a higher total accident rate and a higher fatal accident rate than commercial airplanes. A major reason is that most helicopters must be flown manually and cannot be trimmed, so the pilot cannot take their hands off the controls, which increases the risk of human error. Pilot error is the most common cause of helicopter crashes.
The most common causes of helicopter crashes are pilot error, faulty mechanical or electrical components, inadequate maintenance, air traffic controller error, overloading, and inclement weather. Pilot error is the single most common cause, often linked to fatigue, poor decision-making, distraction, or risky maneuvers.
Several parties can be liable, including the pilot, the helicopter’s owner, the pilot’s employer, the manufacturer of a defective component, and the companies responsible for inspecting or servicing the aircraft. Because crashes often result from a combination of failures, more than one party frequently shares liability, which is why a full investigation matters.
You generally have two years from the date of the crash to file a helicopter accident claim in West Virginia, and the same two-year deadline applies to wrongful death claims. Missing this deadline usually bars you from recovering any compensation, so early legal consultation is important.
Only the executor or personal representative of the deceased person’s estate can file a wrongful death lawsuit in West Virginia. Any compensation recovered is then distributed among eligible family members, including the surviving spouse, children, siblings, parents, and anyone who was financially dependent on the decedent.
You can recover economic damages such as medical bills, future care costs, lost earnings, and loss of earning capacity, as well as non-economic damages such as pain and suffering, mental anguish, and loss of enjoyment of life. In a wrongful death case, recoverable damages include funeral costs, lost financial support, and the family’s sorrow and loss of companionship.
The most common helicopter crash injuries include bone fractures, limb loss, burns, crush injuries, traumatic brain injuries, spinal cord injuries, and internal organ damage. Dorsolumbar spine injuries are especially common in non-fatal crashes, and blunt force trauma to the head, chest, and ribs is the leading cause of death in fatal crashes.
Helicopter accident attorneys typically work on a contingency fee basis, so you pay nothing upfront or out of pocket. The firm collects an agreed-upon percentage of the recovery only if it secures a settlement or verdict for you. Bailey, Javins & Carter, L.C. handles these cases on contingency, meaning no fee unless you recover.
If you were injured or lost a family member in a helicopter crash, the experienced personal injury and wrongful death attorneys at Bailey, Javins & Carter, L.C. can help. Call us today at 304-345-0346 or use our online contact form to schedule a free consultation. We work on a contingency fee basis, so we do not get paid unless you do.
Charleston Office
Local: 304-345-0346
Toll Free: 800-497-0234
Morgantown Office
Local: 304-599-1112