Aviation crashes are catastrophic, complex, and governed by overlapping federal, international, and Illinois law. Schwaner Injury Law represents survivors and families in commercial airline crashes, helicopter accidents, private aircraft incidents, and international flights covered by the Montreal Convention. We pursue every responsible party — airline, manufacturer, maintenance contractor, and ATC — to recover the full compensation Illinois law allows.
Aviation litigation is a specialized field. Schwaner Injury Law represents victims of every category of aircraft incident in Chicago and throughout Illinois.
Major carrier crashes, runway incursions, hard landings, in-flight injuries, and turbulence cases. Liability typically rests with the airline as principal under respondeat superior for pilot, mechanic, and crew negligence.
Tour, EMS/medevac, news, charter, and police helicopter incidents. Helicopter crashes have a higher fatality rate than fixed-wing crashes and often involve mechanical and rotor system failures.
Small plane crashes, business jet incidents, and chartered flights. These cases can involve owner-operator liability, charter company liability, and FAA Part 135 regulatory violations.
Injuries on flights between Montreal Convention signatory countries. Article 17 strict liability up to ~128,821 SDR; Article 21 presumed fault above. 2-year statute of repose applies.
Design defects, manufacturing defects, and inadequate warnings. These are product liability claims under Illinois law against manufacturers and component suppliers.
When ATC errors cause crashes, claims must follow the Federal Tort Claims Act with strict notice deadlines. We handle these specialized federal claims for injured Illinois residents.
Aviation crashes cause some of the most severe injuries and emotional trauma in personal injury law. Illinois law allows survivors and families to recover the full economic and non-economic costs.
David J. Schwaner has spent over two decades fighting for Chicago injury victims. With a 98% case recovery rate and more than $30 million recovered for clients, he brings aggressive, experienced representation to every aviation case — from initial consultation through trial if necessary.
Aviation cases require coordinating with NTSB investigators, FAA records, expert pilots, metallurgists, and human-factors specialists. David handles every step. You pay nothing unless we win.
Illinois personal injury aviation claims must be filed within 2 years (735 ILCS 5/13-202). Wrongful death also has a 2-year statute (740 ILCS 180/2). Montreal Convention international flights have a 2-year statute of repose. FAA/ATC claims under the Federal Tort Claims Act require even shorter notice deadlines.
The airline, the aircraft manufacturer, component suppliers, the maintenance contractor, the air traffic controller (FAA), and individual pilots can all be defendants. Identifying every responsible party is essential to maximizing recovery.
A 1999 international treaty governing airline liability for international flights. Article 17 imposes strict liability on the airline up to roughly 128,821 SDR (~$170,000 USD). Above that threshold, the airline is presumed liable unless it proves it was not negligent.
Factual portions of NTSB reports are typically admissible; the probable-cause conclusion generally is not. However, the underlying evidence the NTSB collects (CVR, FDR, maintenance records, witness statements) provides the backbone of an aviation case.
The Illinois Wrongful Death Act (740 ILCS 180/) allows surviving spouse and next of kin to recover loss of financial support, loss of consortium, grief and sorrow, and funeral expenses. The Illinois Survival Act adds the decedent's pre-death pain and suffering.
Schwaner Injury Law offers free, confidential consultations 24/7. No fee unless we win. Tell us what happened and we'll tell you if you have a case — no obligation.
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From first call to final verdict — here's how David Schwaner fights for aviation accident victims in Chicago.
You speak directly with David Schwaner — not a paralegal — about what happened and what your case is worth.
We send preservation letters to the airline and FAA, monitor the NTSB investigation, retain pilot, metallurgical, and human-factors experts, and secure all maintenance records.
We prepare a comprehensive demand package and negotiate aggressively with airline insurers and manufacturer counsel. We never accept lowball offers.
Most cases resolve before trial for fair compensation. If not, David takes it to court — in Cook County, federal court, or coordinated MDL proceedings.
You receive your settlement or verdict. Our fee comes only from your recovery — zero out-of-pocket costs to you.
Aviation cases sit at the intersection of Illinois personal injury law, federal aviation law, and international treaty law. Here's what every Illinois victim should know.
David Schwaner has recovered over $30 million for injured Illinoisans — including catastrophic injury and wrongful death cases.
Over 20 years handling complex injury cases in Cook County and federal courts.
Call or text David Schwaner anytime. Aviation tragedies don't keep business hours, and neither do we.
No upfront costs. We advance all litigation expenses including expert pilots, engineers, and reconstructionists.
Illinois-specific answers to the questions aviation injury victims ask most. If your question isn't here, call (312) 635-4000 — David answers personally.
Yes, in many cases. Airlines have a duty to warn passengers and crew of forecast turbulence and to follow safety protocols. If the captain failed to turn on the seatbelt sign, the carrier failed to forecast clear-air turbulence using available technology, or unsecured items struck passengers, the airline can be liable. International turbulence injury cases fall under the Montreal Convention.
FAA Part 121 governs scheduled commercial airlines (United, American, etc.). Part 135 governs on-demand charter and air taxi operations. Part 91 covers general aviation, including private aircraft. Each has different safety standards, training requirements, and liability frameworks. Identifying the correct part is essential to a viable claim.
For deaths on international flights, the Montreal Convention is the exclusive remedy — you cannot bring an Illinois common-law claim against the airline. However, claims against the manufacturer, maintenance contractor, or other third parties may proceed under Illinois law. Article 33 of the Convention provides multiple permissible jurisdictions, including the United States in many cases.
Claims against the FAA require following the Federal Tort Claims Act. You must file an administrative claim with the FAA within 2 years of the accident before filing suit, and the agency has 6 months to respond. Failure to comply with the FTCA's specific requirements bars the claim. We handle this specialized federal procedure.
Yes. Every aviation case is contingency — no fees and no costs unless we recover for you. David advances expert costs (often substantial in aviation litigation) so victims and families never pay out of pocket. Call (312) 635-4000 for a free, confidential consultation.
Schwaner Injury Law represents aviation victims throughout Chicago and northeastern Illinois — including incidents at O'Hare International (ORD), Midway (MDW), Chicago Executive (PWK), Waukegan (UGN), DuPage (DPA), and Aurora (ARR), and helicopter and small aircraft crashes throughout Cook, DuPage, Lake, Kane, and Will counties. Call (312) 635-4000 for a free consultation. Available 24/7, no fee unless we win.
David J. Schwaner is a Chicago personal injury attorney with 20+ years of experience and over $30 million recovered for injured Illinoisans. Admitted to the Illinois bar in 2005 after graduating from Loyola University Chicago School of Law, David handles complex aviation, motor vehicle, and catastrophic injury cases throughout Illinois. He is rated Super Lawyers and Avvo Top Attorney, with a 98% case recovery rate.