Clifford Law Files $250 Million Pre-Case Claims Against Federal Government in Aviation Crash Over the Potomac; Simultaneously Notices Sent to Corporate Aviation Entities to Preserve All Evidence in Anticipation of Lawsuits

Posted on February 18, 2025 To

Clifford Law Offices, a leading aviation firm based in Chicago, filed Tuesday, Feb. 18, 2025, pre-case claims against the Federal Aviation Administration (FAA) and the U.S. Army involving a passenger killed in the January 29 midair crash of an American Airlines regional jet with a military helicopter, killing all 67 on board. The claims were filed on behalf of the widow and children of Casey Crafton of Connecticut. He died as a result of the collision, leaving behind his wife and three young sons.

Clifford Law Offices filed a government-issued “Form 95” that is required to present claims against the United States under the Federal Tort Claims Act (FTCA) for property damage, personal injury, or wrongful death allegedly caused by a federal employee’s negligence or wrongful act occurring within the scope of the employee’s federal employment. The $250 million claims are directed against multiple governmental agencies that may be responsible. The National Transportation Safety Board (NTSB) has reported that staffing in the tower of air traffic controllers (ATC) was “not normal” at the time of the nighttime collision and that there were communication lapses between the ATC and the aircraft. The helicopter in the collision was operated by the Army and was manufactured by Sikorsky Aircraft. It is being reported that the Trump Administration began notifying hundreds of probationary FAA workers late Friday that they are fired and will be barred from entering their offices effective February 18, 2025.

The government now has six months to act upon the claims, and if rejected or not acted upon within that time, plaintiffs have the right in the next two years to file lawsuits in federal district court that would be heard by a judge. Jury trials are not allowed in civil wrongful death actions against the government. The notice of a claim against the FAA was sent to the FAA Tuesday. A pre-case Form 95 claim also was filed Tuesday against the U.S. Army at its Fort Meade, Maryland, offices.

Robert A. Clifford, founder and senior partner of Clifford Law Offices and Lead Counsel in the pending litigation in federal District Court in Chicago in the crash of a Boeing 737 MAX8 jet in Ethiopia six years ago, further sent via certified overnight mail preservation letters to American Airlines and its regional carrier, PSA, as well as Sikorsky Aircraft and Collins Aerospace, to preserve all evidence in the midair crash of the two aircraft Jan. 29. Clifford said that for now, he is taking a cautionary approach to the filing of lawsuits against others such as American Airlines and Sikorsky awaiting the release of information to be disclosed in the NTSB preliminary report that it promised within 30 days of the crash. Clifford Law Offices also has initiated an investigation into potential claims of willful neglect by the airlines for the many years of congestion of commercial aircraft and helicopters that went ignored in the air space near Reagan National Airport.

The NTSB is responsible for finding the probable cause of aviation crashes. NTSB Chair Jennifer Homendy updated the public Friday afternoon (Feb. 14) on the latest information available regarding this tragedy. Read more.

Crafton, 40, who lived in Salem, Connecticut, left his wife of 16 years, Rachel, and three young sons. He was killed when American Airlines Flight 5342 from Wichita, Kansas, collided midair with a U.S. Army Black Hawk helicopter that then exploded into a fireball before plunging into the Potomac River.

“Casey was an incredible human being. He was a giver. He was a loving husband and father. He enjoyed coaching his boys on their youth soccer and little league baseball teams. They will be grieving him for the rest of their lives that will never be the same,” Clifford said. “This crash involves complex matters, and the family deserves answers as to what happened to their loved one.” Crafton studied aviation management in college at Bob Jones University, where he met his wife, Rachel. He was returning from Wichita, Kansas, on a business trip working as a technical support manager at Guardian Jet, an aviation consulting firm.

For further information, contact Clifford Law Offices Communications Partner Pamela Sakowicz Menaker at 847-721-0909 (cell) or pammenaker@cliffordlaw.com.

Click here to read more about Robert Clifford’s insights surrounding the January 29, 2025, Reagan National Airport aviation disaster.