The first legal claim has been filed against the federal government in connection with the Jan. 29 deadly plane and helicopter collision in Washington, D.C.

The family of Casey Crafton has filed a claim against the Federal Aviation Administration and the U.S. Army. The government has six months to respond and then the family has two years to file a lawsuit, The Washington Post reported.

Crafton was a 40-year-old father who was killed in the crash as he traveled home to Connecticut from Kansas. He was employed by an aviation consulting firm, USA Today reported.

He left behind a wife and three children, WVIT reported.

The family is asking for up to $250 million, the Post reported.

The lawsuit will depend on the findings of the National Transportation Safety Board but the attorney who filed on Crafton’s family’s behalf said the filing will “start the clock” on the process.

Attorney Robert Clifford told the manufacturers of both aircraft to preserve evidence related to the crash.

“It’s a well-known problem that there’s too much congestion and too much intermingling” of military and commercial aircraft at Ronald Reagan Washington National Airport, Clifford said. He claims there have been more than 100 cockpit warnings in the past 10 years.

The NTSB plans on releasing its preliminary report within two weeks, with a final report in one or two years, USA Today reported.

The agency said that the helicopter’s crew, which was conducting training at the time of the crash, may have not heard the instruction to pass behind the American Airlines flight. They were also wearing night vision goggles that may have limited their visibility and were possibly flying higher than the maximum altitude, USA Today reported.

American Airlines Flight 5342 was moments away from landing when the helicopter hit it.

“I’m not sure, as anyone is, what the exact cause of this crash was, but I know this: Those souls that perished in this crash, the preventable crash, they didn’t cause it, and their families didn’t cause it,” Clifford said, according to USA Today.

The FAA said it does not comment on potential lawsuits, the Post reported.

The Army released a statement to WVIT, which read, “Out of respect for the deceased, their families, and the ongoing investigation, it is inappropriate for the Army to comment on any speculation regarding claims or potential litigation. Our primary focus is on supporting the families and ensuring the safety of our Soldiers and the public.”

In all 67 people on board the Black Hawk and the airplane were killed in the collision.

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