Aviation disaster attorney 'absolutely' expects lawsuits over DCA plane crash

WASHINGTON - An attorney specializing in wrongful death and injury claims connected to aviation disasters says he is confident lawsuits will arise from the deadly plane-helicopter crash last week.

Robert Clifford, an attorney based in Chicago, said Friday his firm is actively speaking with about a dozen impacted families and their attorneys.

"Absolutely. There’s no doubt in my mind about that, and rightfully so. I don’t think anyone would deny these innocents of their fair compensation," Clifford said, when asked about the likelihood of lawsuits. "President Trump said the very first day, this was a preventable crash. The helicopter was above its authorized elevation, and it shouldn’t have been there."

The backstory:

The crash last Wednesday night at Reagan National killed 67 people total aboard both aircrafts. The American Airlines jet was carrying 60 passengers and four members, while the Army Black Hawk helicopter was carrying three military members. As of this week, all 67 victims have been recovered and positively identified. All major pieces of the airplane and helicopter have been taken out of the Potomac River as of Thursday. The pieces were transported to a secure location examination, with the focus now turning to smaller debris still in the water.

According to the NTSB, preliminary data shows the Black Hawk helicopter was at 300 feet on the air traffic control display at the time of the collision. This data is rounded to the nearest 100 feet, NTSB said.

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Possible lawsuits

Clifford is currently the lead counsel of ongoing litigation regarding the Boeing 737 MAX8 crash in Ethiopia from 2019. That case is expected to go to trial in April 2025.

Regarding the crash at Reagan National, he said it could prove to be a complex case if it goes to court. One complicated and ‘unique feature’ of this circumstance is the involvement of the U.S. government, he said. He pointed to two different aspects as examples: air traffic controllers and ongoing scrutiny over possible systemic issues within the FAA.

"Then, of course, the Army helicopter and the performance that day of the pilots. Obviously, it’s very sad for all of them. It’s just bad news all around them and those three soldiers died. It’s very unfortunate. It’s a loss for their families and our country, but then you have the innocent 64 people on the aircraft," he said. "Families want to know how that intersection works against the airlines, if there is a case, that involves a jury trial. Case against the government involves a trial before a federal judge. How does that work if they’re involved in the same event, at the same time?"

READ MORE: DC plane crash: All 67 victims positively identified, wreckage recovery moves forward

Identifying location or ‘venue’ could also be complicated, he said.

"Tell me where the decedents live. It’s a certain issue we’ll need to analyze as part of a legal claim. Tell me where air traffic control conduct took place. Tell me where FAA conduct took place. I mean, where in the water the plane actually fell. Virginia side or DC side? That may have a bearing," he said.

What happens now? 

Should families choose to pursue legal action, Clifford said they should anticipate the case or cases to take years to resolve. He said a potential case like this could take two or three years, or longer depending on various factors.

"In the Boeing 737 Max case, that case is approaching its sixth anniversary. We lost two years because of COVID. It’s just a complicated matter in federal, so it’s taking that long. We’ll finish it up, I believe, in 2025," he said. "I think one thing people have to know is, you can’t just walk across the street to sue the government. You have to file a notice of claim with the government and the government has six months to decide if they’re going to honor the claim or not. They never do, so what will happen the government will probably…my words…waste six months of these good people’s time."

The FAA did not respond to our request for comment regarding the possibility of lawsuits. FOX 5 also inquired about the status of slowing of flights into and out of DCA due to weather and recovery efforts, which the FAA confirmed this week.

"The FAA will provide updates on any changes at DCA," an email to FOX 5 on Friday reads.