Overview
Cotchett, Pitre & McCarthy has successfully represented victims of aviation disasters concerning major commercial airlines and aviation crashes involving both fixed wing and rotary wing aircraft. Our attorneys have the expertise in the acquisition of key evidence related to accident investigation processes and procedures of regulatory agencies, including procedures of the National Transportation Safety Board (NTSB) and Federal Aviation Administration (FAA). CPM’s skilled advocacy in aviation cases has resulted in our clients' attainment of entitled compensation and improvements in safety and security standards.
If you would like to discuss your potential or pending case, please follow up with Frank Pitre and his team.
Examples of Cases
Noteworthy Cases
Noteworthy Cases
News
News
Law on International Air Disasters
The Montreal Convention sets forth the compensation for victims of air disasters. Adopted in 1999, the Montreal Convention provides for a two-tier compensation structure for those injured or killed in an international flight.
As of December 2024, an airline is strictly liable for up to 151,880 SDRs Special Drawing Rights (SDR) of damages. That is, if it can be shown that a person suffered 151,880 SDRs of damage, the airline is strictly responsible for that amount. If however, the damages exceed 151,880 SDRs, then the airline can claim that the harm was caused by a third-party, such as the manufacturer of the airline or the air-traffic controllers.
An SDR is set by the International Monetary Fund and is adjusted daily based on a basket of foreign currencies. On December 8, 2025, 1 SDR = US$1.43.
As of 2019, 133 countries are either signatories or ratified the Montreal Convention, including the 101 UN member states. These include the United States, all the member states of the European Union, China, South Korea, Japan, Israel, Mexico and many others.
