AVIATION DISASTER ATTORNEYS EST. 1950 FORMER SENATOR & INSURANCE COMMISSIONER Karl Herrmann (1915-1997) Founder Re: LION AIR FLIGHT JT610 DISASTER To Victim Families and Loved Ones: November 6, 2018 Our hearts go out to victims of the horrific crash of Lion Air Flight JT610. Decades representing air disaster victims have taught us the depth of your sorrow. Mere words are insufficient, but please accept our sincere condolences. We provide you with this information to help you confront legal challenges you will face seeking justice from those responsible for the loss of your loved ones. GENERAL ADVICE Lawyers representing Boeing and Lion Air are already at work preparing their clients cases opposing you and your family. You should seek legal counsel as soon as you are able. MOST IMPORTANT. immediately: The following are four (4) points you need to know 1. First, do not discuss your case with representatives of Boeing, Lion Air, government agencies, insurers or anyone else other than your family, your doctors, or your lawyers. People working for Boeing, Lion Air, and other potential defendants may seem sympathetic and helpful, but their goal is to protect their employers and to help settle your claim as cheaply as possible; 2. Start a diary/journal in which you record all your suffering both physical and emotional daily. Preserve all financial records including income, taxes, business/corporate records, bank account, and budgets. Further, keep records of all medical treatment and all expenses; 3. Seek out psychological/grief counseling. Not only can it be vital for your mental health, but it will also document your suffering, which will help prove the extent of your damages when the time comes; and, 4. All victims need legal advice from lawyers not only skilled in these complicated aviation disaster cases, but also experienced in representing Asians in USA courts. They must be aware of the cultural differences to be effective. The sooner your lawyers start work on your behalf, the more successful they will be.
INVESTIGATION It is too early in the investigation to reach firm conclusions on fault in this accident. However, it does appear this new Boeing airplane experienced mechanical problems. This plane was exhibiting serious mechanical problems on a flight just the day before this crash. While Lion Air says that it preformed repairs and maintenance prior to the doomed flight presumably with Boeing s guidance it s obvious the plane was still not working properly. In 68 years of representing victims of accidents we have seen that safety measures can be expensive. Frequently, they re sacrificed in manufacturing and maintenance of equipment as well as training of the crews. All too often management policies are more concerned with profit margins than with safety. Usually air disasters involve multiple mistakes. Some combination of faulty design, a manufacturing error, poor maintenance, inadequate training, and then, a poor cockpit crew response leads to these disasters. One thing is clear; it was not the fault of the passengers nor the cabin crew. They were entirely innocent. Here s what has been reported so far. The plane involved was a brand-new Boeing 737 Max 8 that Lion Air had just taken possession of in August 2018. The aircraft, a more fuel-efficient update of Boeing s best-selling airliner in history, the 737, was touted as one of Boeing s newest and most advanced jets ever built and has been in commercial operation since only May 2017. According to Indonesia s National Transport Safety Committee (NTSC), this specific plane had logged a mere 800 hours in the sky prior to its final, ill-fated flight. This airplane experienced severe problems on the day prior to the doomed flight. Pilots on board the plane's previous flight from Denpasar to Jakarta reported technical problems and that the plane was displaying "unreliable airspeed," according to the deputy chief of Indonesia's National Transport Safety Committee, Haryo Satmiko. Passengers onboard the previous flight reported terrifying loss of speed steep dives and climbs, people screaming, some vomiting. While Lion Air has not revealed the details of the problems or what actions were taken to remedy them, the pilots may very well have reported an issue with the pitot tubes that determine air speed. Nonetheless, Lion Air Chief Executive, Edward Sirait, told local media that engineers had checked and repaired the issue and that they gave the plane clearance to fly the very next day. At approximately 6:20 a.m. on Monday, October 29, 2018, Lion Air Flight JT610 departed Soekarno-Hatta International Airport, Tangerang, Indonesia, on its way to Depati Amir Airport in Pangkalpinang, Bangka Island, Indonesia. The flight was carrying 189 people in total, including 178 adult passengers, 3 2
child passengers, 6 cabin crew members and 2 pilots, Captain Bhavye Suneja and co-pilot Harvino. Shortly after take-off, the plane displayed abnormal changes in speed, altitude and direction. While a plane would normally be ascending in the first few minutes of a flight, Lion Air JT-610 experienced a 726-foot drop over 21 seconds. Data suggests that the plane was not in automatic flight profile, as it would normally be for a takeoff in such an advanced aircraft. Instead, it was in an unstable vertical flight profile an increase in speed with a decrease in altitude - suggesting some loss of control of the aircraft. Approximately 12 nautical miles after taking off, the pilots made a request to air traffic control to return to the airport. However, the plane did not turn around and the pilots did not declare a formal emergency. Air traffic control lost contact with the aircraft soon after. An estimated 13 minutes after takeoff, Lion Air Flight JT-610 crashed into the Java Sea likely killing all 189 passengers and crew members aboard. Experts speculate that a problem with the aircrafts instruments, specifically the pitot-static system that calculates airspeed and altitude, contributed to the crash. Because the data suggests problems with the air speed and altimeter, the flight control system will be investigated thoroughly. Problems with the pitot-static system have been involved in previous incidents: disappearance of Air France Flight 447 in 2009 and the return of a Malaysia Airlines flight to Brisbane, Australia after take-off in July 2018. When the Flight Data Recorder (Black Box) and the Cockpit Voice Recorder (CVR) have been recovered, we will have the information required to determine the specific causes of this crash. P.T. Lion Mentari Airlines, operating as Lion Air, is a privately-owned company that was formed in 1999 by two brothers, Rusdi and Kusnan Kirana, both Indonesian nationals. Its parent company is Lion Air Group with headquarters in Jakarta, Indonesia. It markets itself as Indonesia s low-cost airline and, consequently, it has seen rapid growth in the company s short existence, tapping into the growing middle class in Asia. In fact, Lion Air is Indonesia s largest airline, as well as Southeast Asia s second largest low-cost airline, after Air Asia. According to the airlines own website, aggressive business expansion was a top priority for Lion Air and its parent company. Unfortunately, it seems to have been of the utmost priority for the airline, as its safety record in the company s nearly two decades of service is anything but safe. Of note, past incidents include Lion Air Flight 386 which crashed after take-off on January 14, 2002, causing a total loss of the plane but no fatalities. On November 30, 2004, Lion Air Flight 538 crashed in Surakarta, killing 25 people. On March 4, 2006, Lion Air Flight 8987 skidded on the runway during 3
landing and caused a total loss of the plane. Again, on April 13, 2013, Lion Air Flight 907 overshot the runway and crashed into the water near Denpasar, Bali, Indonesia. The poor safety record of Indonesian airline carriers led the United States and the European Union to ban Indonesian carriers from their skies in 2007. The Federal Aviation Administration only recently lifted that ban in August 2016. The European Union followed suit and lifted the ban in June 2018. The poor safety record of Lion Air has resulted in aviation experts questioning whether Lion Air pilots receive adequate training in flying planes during emergency conditions or in handling new technology like that in the Boeing 737 Max 8. Pilots who have worked for both Lion Air and its competitors have also stated that training for flight and ground crews sometimes did not keep up with latest developments. The catastrophic crash of Lion Air Flight JT 610 will certainly renew concerns about the safety and priorities of Indonesian airlines and, specifically, Lion Air, once more. Safety has clearly been an issue with Lion Air and with the Indonesian aviation industry in general for a long time. We are here to help find out why. All of these issues will be thoroughly investigated, though the investigation may take as long as several months to a year to complete. The airplane s black box will contain critical information as to why this plane fell out of the sky. Information on the flight path, velocity and altitude of the aircraft during its 13-minute flight, and any other evidence will eventually become available to us. All of the evidence is being collected and will be preserved. Rest assured that all causes will be determined once the investigation is completed and those responsible will be held to account. AMOUNT OF COMPENSATION. COMPENSATION Issues of the amount of compensation are unique to each individual victim. The death of a loved one is immeasurable. The loss of love and affection, companionship, support and all other financial losses can amount to substantial sums of money depending upon family relationships, age of the victim, and actual and potential earnings. Many various factors go into calculating the just amount for each victim. We fully prepare every aspect of a case, utilizing experts when necessary, to maximize your just award. In previous cases we ve recovered compensation frequently for as much as several millions of dollars in wrongful death claims. You may want to look at our record as to specific amounts we have been able to recover for victims of disaster accidents. See our Firm Record and Our Legal Team that follow this letter. However, we want to be clear that past results do not guarantee any 4
amount for future recoveries for different victims in other accidents. Each case is determined on its own merits. We invite all to contact us for a free, personal, and private consultation with no commitments required. Feel free to contact any of the following: Charles Herrmann at cell: 206.488.5911 / charles@hlg.lawyer Lara Herrmann at cell: 253.380.5272 / lara@hlg.lawyer Or any of our 6 attorneys at either of our two offices. Seattle Office: 206.625.9104 Tacoma Office: 253.627.8142 Respectfully, HERRMANN LAW GROUP Charles Herrmann Attorney at Law Direct: 206.488.5911 Email: charles@hlg.lawyer Website: www.hlg.lawyer 5