It is possible to make a claim for compensation if you have been involved in an aeroplane incident that resulted in personal injury or loss to you.
You may be able to make a claim whether the incident happened in Australia or internationally.
Frequently Asked Questions
Do I have a claim for compensation?
If you’ve been injured in an airline or aeroplane incident or it caused the passing of a relative, you may be able to make a claim for compensation against the airline or another organisation.
It will depend on the particular circumstances involved that led to the incident that caused injury and loss.
Usually, the relevant aviation authority instigates an investigation to determine what caused the incident and who or what is to blame.
Whilst we do not have to wait for such investigation to occur nor accept any findings before we make a claim on your behalf, it is often prudent to do so as they will bear the cost of the investigation rather than you.
Who Can I bring the claim against?
This depends on who was at fault.
It may be that a claim can be made against one or more of the following:
- The owner of the airline
- The airline operator
- The manufacturer of the aeroplane or aeroplane parts
- An airport
- The Civil Aviation Safety Authority (CASA) or its international equivalent
What can I claim compensation for?
This depends upon the injury, loss or damage that you have suffered.
Your claim may include damages for:
- Pain and Suffering
- Loss of enjoyment of life
- Economic loss e.g. loss of income and earning capacity
- Medical expenses
What has to be proven for my claim to be successful?
You have to prove that:
- The incident that caused you illness or injury occurred; and
- the party being sued (i.e. the defendant) owed you a legal duty of care; and
- you have suffered pain, suffering, loss and damage because of the incident; and
- the defendant was negligent in causing, or allowing the incident to occur.
Are there any important time limits to bring a claim?
Yes, but it depends up whether the incident involves an international or domestic flight. If international, it will depend upon the particular airline and the country the incident occurred in.
In Australia, you have two (2) years from the date of the incident to file court proceedings.
Who pays me the compensation?
Usually, you will be paid compensation by the insurance company of the party who is at fault.
How much compensation can I claim?
This depends upon your particular circumstances, the nature of your injuries and to what extend they have adversely interfered with your life.
How long does a claim for compensation take?
To a large extent this depends on how proactive your lawyer is and the length of time it takes for a proper and thorough investigation to be made. It also depends on whether the claim is a domestic or international one.
Can I make a claim as a beneficiary or dependant if the injured person has passed away?
Yes. If the incident or accident involved a domestic airline, the Civil Aviation (Carriers’ Liability) Act 1959 and the relevant state and territory fair trading laws apply.
Domestic claims are limited to a maximum of $500,000 for injury or death.
For claims involving international flights, there are rules laid down by the Montreal Convention (to which most international airline carriers are a signatory to) which sets out the amounts of damages that may be granted.
It is worth noting that a lot of airlines may actually pay out more than that provided for by limits set by the Montreal convention.
We will also check to see if you carried any travel insurance or life insurance and the benefits applicable.