How do I obtain a death certificate for a family member lost in an aviation accident?

UPDATED: Jul 13, 2023Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Jul 13, 2023

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UPDATED: Jul 13, 2023Fact Checked

Obtaining a death certificate for a loved one killed in an aviation accident can be a very difficult process. Legally, the death certificate cannot be issued until the body is identified, and this is not possible in all cases. If it is possible, the local medical examiner in the area where the crash took place will be in charge of that process, and s/he will be responsible for providing you with the certificate when your loved one has officially been identified. The amount of time this might take can vary greatly depending on the nature of the airplane crash, the number of victims, and the size and efficiency of the medical examiner’s office.

Identifications in an Airplane Crash

In a situation where a passenger cannot be identified after the crash (and where in effect there is no body for analysis), getting a death certificate becomes very complicated. Some people mistakenly assume that, in this situation, the “seven-year” rule might apply: this rule states that when a person goes missing, they must be missing for seven years before being legally declared dead. This is not the case in a situation where it’s known the person is dead, but their remains cannot be recovered. However, there is still going to be a long process and a wait time.

Essentially, the first step is to handle the legal red tape. The medical examiner will have to legally prove that all possible attempts to identify the bodies occurred and failed; and the courts will have to determine that your loved one was on the flight. In other words, all legal and practical avenues have to be checked off the list. Only at that time could you be issued a death certificate.

Getting Help – Aviation Accidents

It can be immensely helpful to hire an experienced lawyer should you find yourself in this type of holding pattern. A lawyer can help advocate for your rights and keep the process moving. Waiting for a death certificate can be emotionally and financially devastating for a number of reasons, and an experienced lawyer will help ensure the situation is resolved as soon as possible.

Case Studies: Obtaining Death Certificates for Aviation Accident Victims

Case Study 1: Swift Identification and Timely Resolution

In a tragic plane crash, the diligent efforts of the local medical examiner’s office led to swift identification of the victims. Through advanced forensic techniques and cooperation with aviation authorities, they were able to confirm the identities of the passengers within a week.

As a result, the grieving families received the necessary death certificates promptly, allowing them to begin the process of settling the legal matters and seeking closure.

Case Study 2: Complex Forensic Investigation and Extended Wait

In a catastrophic aviation incident involving extensive damage to the victims’ remains, the identification process presented immense challenges. The medical examiner’s office had to employ cutting-edge DNA analysis and collaborate with international forensic experts.

The painstaking investigation lasted for several months, causing distress and uncertainty for the families. Eventually, the exhaustive efforts paid off, and the families were provided with the death certificates, enabling them to proceed with the legal procedures and find solace.

Case Study 3: Legal Representation Expediting the Process

A family affected by an aviation accident sought legal representation to navigate the complexities of obtaining a death certificate. Their attorney, known for expertise in aviation law, immediately initiated the necessary legal actions.

They liaised with the medical examiner’s office, ensuring that all required protocols were followed efficiently. Due to their proactive approach, the family received the death certificate in a relatively short period, sparing them from prolonged emotional and financial hardship.

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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