Aircraft & Airline Injury Claim Evaluator
Find out how much compensation you may be entitled to after an injury during air travel. This calculator estimates potential payouts under both International (Montreal Convention) and Domestic (Civil Aviation (Carriers’ Liability) Act 1959 (Cth)) regimes, using Australian jurisdiction-specific formulas and the legal limits that apply to each claim type.
⏰ Time Limits for Aviation Injury Claims
For aviation injury claims there is a strict 2-year extinction period. The 2-year period is measured from dates connected to the flight’s arrival or ending. Because the exact start date is fact-specific, get advice early. If proceedings aren’t filed within two years, the claim is extinguished and cannot be extended.
- Montreal Convention and Australian domestic carriage rules both impose a non-extendable 2-year deadline.
- A written complaint to the airline is often required within months of the incident.
- Act quickly if your injury occurred more than 18 months ago.
⚖️ Legal Criteria for Compensation
- There must be an accident (an unusual or unexpected external event) causing a bodily injury while embarking, on board, or disembarking.
- Under Montreal, pure psychological injury without bodily injury is generally excluded.
- For Australian domestic flights, the applicable carriage rules impose a hard cap on total damages per passenger.
💡 How the Calculator Works
- Determines the applicable liability regime (Montreal Convention or domestic carriage rules) based on your itinerary.
- Calculates pain & suffering, economic loss, and medical care components.
- Compares results against jurisdictional caps and legal thresholds.
⚠️ Disclaimer & Limitations
This calculator provides indicative figures only and should not be relied upon as legal advice. Every case depends on its own facts, medical evidence, and documentation. Using this tool does not create a solicitor-client relationship with Carter Capner Law.
For personalised advice or urgent matters, contact us for a no-obligation claim review.
Your Aviation Injury Claim Assessment
Comprehensive compensation estimate based on your specific circumstances
- Pain & Suffering $0
- Past Economic Loss $0
- Future Economic Loss $0
- Medical Costs $0
- Care & Assistance $0
Frequently Asked Questions
How long do I have to make a travel injury claim?
It depends on which regime applies. The Montreal Convention sets a hard two-year limit for international flights. Australia is not a party to the Athens Convention, but cruise tickets can adopt its two-year limit, so the ticket terms matter. Injury claims under the Australian Consumer Law generally have 3 years from when you knew, or ought to have known, of the injury and its cause. Queensland schemes run shorter clocks: a WorkCover application is due within 6 months, and a CTP notice within 9 months, or 1 month after you first consult a lawyer. A travel injury can start more than one clock on the same day, and the shortest one decides how much time you actually have. Call us early so we can identify every limit that applies.
What compensation can I claim for a travel injury?
You may be entitled to claim medical expenses past and future, loss of income and earning capacity, pain and suffering, rehabilitation costs, home and vehicle modifications, and care needs. The exact amount depends on the severity of your injuries, the regime that governs liability, any treaty damages cap, and the impact on your life. We map every applicable regime so the right damages framework is on your file from day one.
What if my injury happened overseas?
You may have a choice of forum. Australian Consumer Law claims can often be run from Queensland against the Australian seller of the travel product, even when the injury happened in another country. Host-country direct claims can also be available. We assess both forums, the available defendants, the limitation clocks and the practical recovery prospects before recommending a path.
How long does a travel injury claim typically take?
Straightforward files where liability is admitted may resolve in twelve to eighteen months. Cross-border files, treaty claims with cap disputes, or matters that involve carriers and tour operators in more than one country can take longer. We give you a realistic timeline at the first conference and update it as the file develops.
Ready to Take the Next Step?
Our aviation injury lawyers are ready to help you through your claim.