The next phase of the Delta crash aftermath begins: Lawsuits

The Georgia complaint alleges that passenger Marthinus Lourens of Texas was “seriously and permanently injured” during the crash and evacuation, soaked in jet fuel and suffered “severe emotional distress and mental anguish.”

It also alleges the crew “offered inadequate assistance and instructions or directions” during the evacuation.

The airline declined to comment on pending litigation. CEO Ed Bastian has praised the Endeavor crew’s “professionalism” during the evacuation.

There were 76 passengers aboard Flight 4819, operated by Endeavor Air, a Delta subsidiary. The Atlanta-based carrier is the most profitable airline in the country.

Delta earlier this week offered $30,000 to each passenger on board, which has “no strings attached and does not affect rights,” according to Delta spokesperson Morgan Durrant.

Credit: AP

Credit: AP

Jim Brauchle, an aviation attorney with Motley Rice representing Krebs, told The Atlanta Journal-Constitution he’s spoken to a dozen passengers considering suits this week and plans to file about five more.

Survivors have two years to do so, he said.

“We probably won’t really fully appreciate the extent of the injuries until some additional time goes by,” he said. “Everyone’s in shock.”

Lourens' attorney, Andres Pereira with DJC Law, estimated the totality of cost to Delta could add up to several million or tens of millions of dollars, depending on the extent of injuries and the total number of suits.

But he said the airline’s insurance is likely to cover the damages. “I don’t think it will have a financial effect (on the carrier) in the long term. It’ll make their insurance go up probably.”

Paul Miller, a partner at Howie, Sacks & Henry personal injury firm in Toronto, said they’ve been advising passengers to file their suits in U.S. court because the potential damages are greater.

Pereira and Miller both said they first heard from passengers on Tuesday. Another Toronto law firm, Rochon Genova LLP, said it has already been retained by survivors of the crash.

Miller said several of the half-dozen passengers his firm has talked with have reported jet fuel burns among their injuries. Brauchle said he’s heard about a lot of “soft tissue injuries” and jet fuel inhalation, as well as back and neck injuries.

Lourens’ complaint alleges “significant” injuries to his head, neck, back, knees and face.

Pereira said Lourens had safely returned to Texas on Thursday, was still in treatment and waiting to see if he needs back surgery.

‘The Wild West’

From here, the cases could play out in many different ways, lawyers predicted.

“It’s all over the place right now. It’s the Wild West,” Miller said.

There could also be lawsuits filed against the aircraft manufacturer.

Pereira estimated Lourens' suit could take 12-18 months because they must wait for a completed Canadian investigation until lawyers' own experts can examine the wreckage themselves.

Brauchle said a timeline could be difficult to predict depending on whether Delta fights the cases.

It is possible that all lawsuits stemming from the accident could be consolidated as a mass tort, but it’s also possible that they could remain separate, Pereira predicted.

Pereira said lawsuits against a manufacturer likely would not come until at least a preliminary investigation report. Bombardier, which developed the CRJ-900 model involved, sold its CRJ program to Mitsubishi in 2019.

And if there’s a “meeting of the minds … with regards to the value of the case” then a settlement could certainly happen before a trial, he said.