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Latam Airlines flight crash: Aviation lawyer says the airline should pay for long-term losses while authorities examine the plane’s black box A leading aviation lawyer says that passengers on board a horrific Latam Airways flight that crashed mid-journey from Sydney to Auckland should receive compensation for any ongoing medical treatment required. The flight LA800, where passengers and crew were thrown to the airplane’s ceiling and others were covered in blood, was described as “eerily similar” to an incident on a Qantas flight over 15 years ago.

Prominent aviation lawyer Peter Carter, who acted for passengers on board the QF72 flight from Singapore to Perth in 2008 after it spiraled out of control over the Indian Ocean causing severe injuries, said that many passengers from the Latam flight will need compensation for ongoing medical treatment. “When a passenger goes through an ordeal like this, it’s terrifying and, apart from many serious physical injuries, there can be long-term psychological damage,” he said.

Carter said that, just like in the Latam flight on Monday, passengers on QF72 were thrown weightlessly to the cabin ceiling during the dive. “We know that in this recent accident about 12 passengers were hospitalized and dozens were injured, but we still do not know how the injuries will affect them in the future.” Fifty people were treated by St John as soon as the plane landed in Auckland and 13 needed further treatment at the hospital. Four remained in Middlemore Hospital in moderate condition on Tuesday night.

Latam said the injured passengers were from five countries. Ten passengers from Brazil, France, Australia, Chile, and New Zealand, in addition to three cabin crew members, were taken to the hospital. Following the 2008 incident, the regime for compensation for air injuries was changed, allowing passengers to claim higher compensation amounts.

“In the 2008 accident, passengers claimed against Qantas and I managed to negotiate substantial settlements with the airline’s insurers, who agreed to waive the maximum damage limit of $500,000 for passengers whose future income-earning capacity was severely restricted by their injuries,” Carter said. Carter mentioned that Latam should pay for proven losses such as “medical expenses, loss of amenities, or loss of life and income” for proven bodily injuries and all passengers from Monday’s flight can claim, “regardless of where they live.”

In an email sent to passengers of the horrific flight, which reportedly dropped several hundred meters in seconds, Latam expressed its “sincere apologies for the situation” and offered compensation for any expenses incurred as a result of the situation, including accommodation, food, and ground transportation.

The Herald understands that Latam did not offer any form of refund for the air tickets to the affected passengers after the incident. Carter indicated that he is investigating a passenger complaint on board Latam Airlines flight LA800. Authorities examine Boeing’s black box for answers

Meanwhile, authorities are examining the black box of the Boeing 787-9 Dreamliner involved in Monday’s incident, which is expected to be key in showing what happened during the flight. Professor Emeritus at the University of Otago, David O’Hare, said that the black box recordings would provide detailed evidence of any control inputs made by the crew, as well as flight parameters showing airspeed, altitude, and control settings.

“This would show, for example, if there was a disconnection of the autopilot and if this was associated with any pilot input. The cockpit voice recording would tell us what the crew said before, during, and after the incident, as well as any background sounds.”

Passengers from Latam Airline’s Monday’s terror flight traveled to South America with the airline just a day later. O’Hare, who also has a flight crew license, added that most importantly, little information is currently publicly available.

“Clear-air turbulence would be the most likely cause of this type of disturbance during the flight. If there are other factors involved, they will be identified after careful investigation and analysis.” O’Hare said there is no reason to link this incident with other recent events involving Boeing planes.

“Nothing we know so far suggests systemic problems with the 787 or maintenance or inspection issues. A proper investigation takes time, so it’s too early to go down that path.” Aviation pilot and professor Ashok Poduval previously called the incident a “black swan event.”

He said speculation was futile but, in general terms, a sudden loss of altitude could happen if an autopilot system malfunctioned or if a plane experienced in-air turbulence.

Poduval added that the black box is not a single box that provides information but that there are two main recorders on commercial airplanes – the Cockpit Voice Recorder (CVR) and the Digital Flight Data Recorder (DFDR).

“The CVR records communication in the command cabin among pilots, as well as between pilots and air traffic control. The DFDR records all flight parameters, including engine performance parameters.”

Although Monday’s incident was “quite rare,” Poduval said it served as a lesson for passengers to have their seatbelts fastened, albeit loosely, whenever they are seated on an aircraft. Investigation into the cause of the flight’s fall initiated

Latam said yesterday that the cause of the incident, which it described as a “strong shake,” was under investigation. A spokesperson for the Transport Accident Investigation Commission (TAIC) said Chile would be responsible for the investigation because the incident occurred in international airspace.

The Chilean General Directorate of Civil Aviation said TAIC would investigate and Chile would send a representative to join the investigation. They had requested assistance from TAIC and evidence was being gathered, including the seizure of the flight’s cockpit voice and data recorders. A spokesperson for the Civil Aviation Authority said they are supporting TAIC.

Benjamin Plummer is a reporter living in Auckland covering the latest news. He has worked for the Herald since 2022.