At Henry Carus + Associates, our aviation lawyers are experienced in all aspects of airline injury claims. We provide focused and aggressive aviation law support to travellers who have suffered injuries at an airport or during a flight. No matter if you have been travelling internationally or domestically, the personal injury lawyers at Henry Carus + Associates are here to help.
Do I Have An Airline Injury Claim?
If you or a family member have been injured getting onto an airplane or during a flight, it is in your best interest to seek the help and guidance of one of our expert aviation lawyers. Our team has worked on numerous airline accident claims and will be able to explain all of the necessary steps that are needed for you to obtain the compensation you deserve.
We will conduct a thorough investigation of your accident and identify those who are responsible for your injuries. After we identify who is responsible, we can move your airline claim forward swiftly. We pride ourselves in serving our clients with the utmost respect and will treat you a person. We will take on the large insurance companies, so you don’t have to.
See more information about lodging a claim against an airline here.
Why You Need An Airline Injury Lawyer
The laws in Australia surrounding airline injuries are very complex, and in many cases, jurisdictional questions arise. This is because international travellers require a different set of rules in litigation than that of domestic passengers. This reason alone is why you need the help of our experienced aviation lawyers to ensure that your rights are protected.
Australian law states that those who are injured due to a flight-related accident are entitled to pursue compensation for their damages. Those who choose to lodge a claim for their injuries have two years to do so.
Common Causes of In-Flight Injuries
While in-flight injuries on aeroplanes are statistically rare, they do, in fact, happen. Many airline passengers suffer minor and severe in-flight injuries each year due to the following instances:
Baggage Falling Out of Overhead Bins
Baggage falling out of overhead bins is the most common cause of in-flight injuries. With an influx of people attempting to avoid baggage fees by carrying-on rather than check their luggage, overhead bins on airlines are becoming overcrowded. When overhead bins are not properly loaded or overfilled, luggage can easily fall out and cause injuries. These injuries can include lacerations, brain injuries, contusions, broken facial bones, amongst others.
Food And Drink Cart Injuries
Another scenario that contributes to in-flight injuries is out of control, rolling food and drink carts. These heavy carts can cause injuries to limbs as they roll at high speeds down the aisle. Injuries caused by food and drink carts can include broken bones, severe bruising, hyperextensions, amongst others.
Injuries Caused By Turbulence
Turbulence is responsible for many in-flight injuries every year. Passengers have been known to have been thrown from their seats in the midst of an encounter with severe turbulence. Injuries that have been linked to encounters with turbulence include broken bones, spinal cord injuries, paralysis, and death.
Airline Injury Compensation
Depending on the circumstances of your accident, you could be entitled to claim compensation from the aircraft operator and/or additional parties such as the following:
- The aircraft maintenance crew
- A corporation affiliated with the airport
- A statutory regulator (Civil Aviation Safety Authority)
- The manufacturer of the aircraft
- A component manufacturer of the aircraft
What you can claim from any one of the parties listed above will all depend on what injuries you have suffered. You may be able to claim your current and future pain and suffering, as well as the income you have lost, and will lose due to your injuries.
Additional compensation that may be available to you in an airline injury claim includes but is not limited to:
- Your medical expenses that are directly related to your injuries
- The cost of rehabilitation as a direct result of your injuries
- Death and dependency benefits in the event your loved one has died because of the airline accident
How much money you will be entitled to receive as compensation for any of the above damages will depend on the severity and extent of your injuries. Some other factors that could determine the amount of compensation you receive include:
- Your age
- Amount of earnings you have lost since your airline accident
- The cost of current and future care you require
- Out-of-pocket expenses you accrue after your injury
Our airline accident lawyers will have a clearer picture of what you will be able to claim once the full extent of your injuries has been determined. We will be able to work with medical experts to determine how your injuries are likely to impact your work and social life moving forward.
If the aircraft in question caused the death of a family member, the compensation that can be awarded to you on their behalf would depend on numerous factors. These include relevant international conventions (if applicable), if the claim is being lodged in Australia or a different nation, and if there was a reason to believe that a faulty product was to blame for the accident.
Injured In An Airline Accident? Contact Our Aviation Law Experts Today
We know that the time after an airline accident can be stressful and difficult. Our aviation law experts will be able to take the stress of your claim off of your shoulders and give you the support you need. This includes dealing with insurance companies and aggressively pursuing compensation on your behalf.
We will conduct investigations that will help us determine how much your case may be worth. For cases that are international, we are experienced in navigating those laws and will carefully take any overseas legal action that is required.
At Henry Carus + Associates, we believe that victims of in-flight injuries deserve more. Your first case evaluation with us is free and of no obligation to you. We operate on a no win, no fee basis, meaning that we don’t get paid until we win your case. If you have been injured in an airline accident, contact us right away so we can discuss providing you with legal representation.