When the court to find out who ride Asiana Airlines Flight 214 in compensation, the potential costs may be significantly different Americans and passengers from other countries, even if they sit side by side plane crash landing.
International treaties for damages in international air travel passengers - from baggage damage, disability and death. The agreement is likely to turn off many foreigners and U.S. courts to force them to seek in Asia and elsewhere, their claims litigation is rare, it is difficult to win, and to provide smaller expenses.
Some passengers have contacted a lawyer.
"If you are a U.S. citizen, will have access to the U.S. courts is not a problem, others will have to fight on their hands, said:" Northern California's attorney Frank Pitre, who represents who boarded the plane two Americans.
Federal law prohibits lawyers seek victims of the crash after the collapse of the first 45 days. Pitre said his client called him.
Congress enacted the law in 1996 to seek the counsel clients in the public outrage after a few days of ValuJet 592 flight crashed in the Florida Everglades and the crash of TWA Flight 800 in New York shut down the coast.
National Transportation Safety Board's lawyer Benjamin Allen reminded rules lawyers bulk email sent Thursday.
"We are closely monitoring the activities of lawyers, this accident, it will immediately notify the state bar ethics officials and other relevant authorities, if the activity is not suspected," the message said.
Flight breakup recently in the San Francisco airport carrying 141 Chinese 77 South Korea, 64 Americans, three Canadians, three Indians, one Japanese, one Vietnamese, one from France, when it was approaching the runway too low and too slow . Boeing 777 hit the seawall across the tarmac, forward-swept fire.
The three girls from China were killed and 182 people were injured, most of them not seriously.
Two girls, leaves the Yuan and Linjia, both 16, died on the spot. It is unclear, however, whether Ye Meng Yuan died in the crash or in the chaotic aftermath. Two girl's parents appear in the Saturday vigil near the airport and expressed gratitude through an interpreter, the support of more than 100 people attended, KGO-TV reported. Other death of the victim, 15-year-old Liu Medical tents Friday died, she has been in hospital in critical condition since July 6 crash.
Dozens of them seriously - especially minority paralyzed - can expect to win millions of dollars in legal settlements, as long as their claims in U.S. courts, legal experts said.
Northern California attorney Mike Danko, who was a disaster from Asia consulting with several lawyers, leaving quadriplegic, can be expected in the case of settlements close to $ 10 million, if the United States made any passenger said. At the same time, child deaths could be sold for $ 5,000,000, $ 1,000,000 depending on the situation in the United States courts in the vicinity.
He explained that in other countries the same claim could be worth much less.
In 2001, Korean Air Korean court ordered to pay a total of $ 510,000, a woman, his daughter-in-law and three grandchildren in the U.S. territory of Guam, causing 228 deaths in 1997 were killed in the crash.
Danko said that the aircraft accident fractures usually means 10,000 settlements in the United States and overseas low five figure range.
U.S. Federal Aviation Administration in 2011, to a value of human life is 600 million U.S. dollars, when it was a new "cockpit resource management" requirement to consider cost-effectiveness. But again, Danko said estimated only applicable in U.S. courts. Foreign court can be expected to pay a smaller settlements.
In all, the South Korean government agencies, the regulation of the country's insurance industry is expected, Asiana Airlines insurance companies pay about $ 17.55 billion total - $ 131 million passengers and damage to the city of San Francisco airport substituted plane and another $ 4.45 billion. Xu Chang-seok, the Financial Supervisory Service officials declined to discuss how to calculate their estimated oversight bodies.
Commonly referred to as "international treaty" Montreal Convention "because Canadian cities, it was drafted. Five options provide international passenger where to seek compensation: where they lived, their final destination, where the ticket was issued, there The air carrier and air carrier is based on the principal place of business.
Foreign passengers round trip beyond strict legal challenges facing the United States of final destination in the United States, court proceedings and expenditures greater than in most other countries, courts more likely to accept the airline claims.
Asiana Airlines may be invoked "convenient", that it is much more convenient to litigate the case of the Asian victims in Asia, because the parties are based on the legal doctrine of the United States.
South Korean lawyer Dong Xu Xi to represent some 1997 Korean Air crash victims. He said up to 100 times more victims in South Korea indicted in the United States to pursue their cases settled family members.
DePaul University's International Aviation Law Institute director Brian Havel said that the Convention requires airlines immediately make "down payment" victim assistance and medical expenses, travel expenses and other inconveniences caused by crashes.
"Everyone will get something," Havel said. "But what depends largely on who received their conformity with the Convention."
Pitre and others say, however, still be able to sue someone foreign passengers who may be causing the accident, such as aircraft manufacturers, airport staff, and even, perhaps, the first reaction.
Pitre said he and his client investigate whether Boeing shoulder any responsibility for the crash, including potential design flaws in the aircraft's automated tools or first class passengers, the difference between the belts, equipped with a shoulder strap and seatbelt economic plate, which is only around restrictions.
"Boeing spokesman Marc Birtel said that the company purchased the seats from other companies," Simply install them. "He also said, by the U.S. Federal Aviation Administration regulations, safety belt design and configuration. Birtel Pitre refused to discuss other issues raised.
Authorities said Friday that 15-year-old Liu was hit by a fire touched, although it is not clear whether this killed her. Also complained that some passengers called 911 immediately after the collapse of the emergency response time is too long. These third parties and others open to litigation in the United States.
San Francisco officials said ambulances could not immediately worry too close to the aircraft plane will explode.
 



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