Can I claim compensation for an injury sustained on a flight?
If you’ve been injured while on a flight, specific international conventions and local laws govern your ability to claim compensation. PK Simpson can assess your circumstances and advise on your rights for injuries sustained during air travel.
Aviation Legislation
Under the Aviation Legislation Amendment (Liability and Insurance) Act 2012, airlines will be required to offer compensation in situations where passengers haven’t been adequately provided for in terms of safety. Contributory negligence will be taken into account in a court of law, namely whether the incident was a result of the actions of another person.
A successful case against Pel-Air
Earlier this year, a case was heard by the Supreme Court of New South Wales, in which the claimants sought damages from Pel-Air. They had been employed to provide medical assistance to a patient and when stopping on Norfolk Island to refuel, the plane crashed.
The plane was found to be travelling at speed, so when it hit the water, the impact caused it to break up. Both parties were seriously injured and it became apparent that a life raft had not been deployed for their safety. It took 90 minutes for them to be rescued.
Since the accident, one of the claimants has suffered serious psychological injuries, as well as extreme discomfort in his back. This has not improved over time.
The pilot and co-pilot were found to be negligible in this particular instance, which led to a successful personal injury claim.
Evidence required for a successful claim
As in this case and any other, the key to success is a combination of compelling medical evidence, as well as the services of an accident lawyer.
The Supreme Court recently heard another case where a woman filed for compensation from Emirates after a hot drink was spilled on her lap during a flight. She claimed this led her to jump up and twist sharply, which led to a severe injury in her back.
However, the judge ruled there was insufficient evidence to suggest the two incidents were connected. This is why having the experience of an accident solicitor on hand can provide real value when pursuing a claim – learn more about compensation solicitors.
Eligible Airlines
In Australia it is possible to bring a compensation claim against any of the major airlines including Qantas, Jetstar, Virgin, Rex, Tigerair, as well as any foreign airline such as Cathay Pacific, Air New Zealand and Emirates.
Contact Information
Make sure you get in touch with PK Simpson for advice on how to pursue your injury claim suffered on board a flight, or in any other situation you think someone might be liable.
Frequently Asked Questions
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.
If you’ve had a motor car accident, stop your vehicle and turn on your hazard lights. Make sure nobody is injured, and if so, call emergency 000 and remain at the scene of the accident. If it’s a minor incident you don’t need to call the police, but move the damaged cars if possible.
Never admit responsibility even if you think you were at fault. Collect name, address, registration number and insurance details from the other parties and get witness details if possible.