Hot Air Balloons and Ultralight Injury Claims

Floating in a hot air balloon or flying in the smallest of powered aircraft always provides a thrill. But despite the expertise and attention to safety, accidents that cause serious injury can occur. Carter Capner Law handles claims for serious Hot Air Balloons and Ultralight injuries anywhere in Australia caused by operator error, a defective aircraft, landing field defects, excess wind or other dangerous meteorological conditions.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential Hot Air Balloons and Ultralight injury claim?

Make an enquiry

What do you do if you have been injured as a result of a Hot Air Balloons and Ultralight accident?

Organisations providing these activities generally have liability insurance for injured passengers, but it only pays out if the operator or pilot has legal liability for the injuries that result.

Commercial operators usually exclude liability for injuries as a condition of participation. Your rights to compensation for any resulting Excursion & Tour injury claims can be diminished by such liability waivers and statutory immunity that is usually claimed under the Civil Liability Act for injuries resulting from “obvious risks” arising from Dangerous Recreational Activities.

Ballooning and Ultralight flying require special expertise. If an accident occurs, you need advice from a recreational injury lawyer with special expertise in these activities and deep knowledge of the legal rules that govern awards of fair compensation to passengers, bystanders and pilots.

You are entitled to secure the services of a legal team who has undoubted expertise in these activities and the legal hoops and hurdles that can confront a recreational injury compensation claimant.

You also have the right to choose a lawyer whose knowledge and expertise give them the confidence to take on your claim charging no upfront fees and only getting paid on success.

Carter Capner Law conducts hot air balloons and ultralight accident injury compensation claims Australia-wide.

Call or email today to get expert advice from the recreational accident experts at Carter Capner Law.

1

Schedule your free initial consultation

At our initial consultation, we can give you more information about the Hot Air Balloons and Ultralight injury claim process and discuss the viability of an insurance or compensation claim. We will also confirm your eligibility for no win no fee terms to pursue your case.

2

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries. This includes collecting medical treatment records prior to the accident and subsequent to it.

At the same time, our Hot Air Balloons and Ultralight injury lawyers will also collect employment and income records so that complete before and after pictures can be painted.

3

Get Independent Medical Specialists' opinions

Once we obtain all relevant medical records, including reports from your treating doctors, we will get an independent medical expert opinion as to the extent of your injury.

From those reports, our Hot Air Balloons and Ultralight accident experts will formulate how it has impacted you and your family at work and at home.

4

Lodge your claim

If the investigation results satisfactorily, our Hot Air Balloons and Ultralight injury experts will then lodge your insurance claim where possible and, if the circumstances allow, a compensation claim for the physical and psychological deficits you have sustained as a result of the accident.

5

Attendance at informal settlement meeting

Our Hot Air Balloons and Ultralight injury lawyers will formulate your damages demand if applicable and appoint an out-of-court meeting to negotiate the resolution of your claim settlement.

6

Claim settlement or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive the compensation to which you are entitled.

If your claim has not been resolved at this stage, our Hot Air Balloons and Ultralight injury experts will file proceedings in court to help you get the compensation to which you are entitled according to the law.

I was injured in a hot air balloons and ultralight accident. Can I make a claim for compensation?

In order to claim injuries sustained in hot air balloons and ultralight accidents, you will need to prove that the operator breached their duty of care and that your injury meets the relevant threshold for compensation.

If you are injured:

  • Report the accident as well as your injury to a staff member immediately. Make sure that you make a list of all the relevant details in a notepad immediately, so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

If you are not sure where to start, please contact our experienced recreational lawyers, who will give you advice.

What’s my chance of a successful hot air balloons and ultralight accident injury claim?

Every situation is different. We need to consider carefully:

  • how the accident occurred;
  • whether any element of the design or construction fell below reasonably acceptable standards;
  • whether the injury arose from an “accident”;
  • to what extent operator error caused the accident;
  • the extent to which unavoidable circumstances were also a cause.

How much compensation will I receive for a hot air balloons and ultralight injury claim?

It all depends on the quality of your evidence, the quality of the investigation undertaken by your lawyer and the case for loss of future income the lawyer makes out when you make a claim.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

As is the case in other situations, the right to claim damages for injury depends on the circumstances, and the basic five elements must be proved:-

  • extent of duty owed;
  • breach of duty;
  • pre-existing health prior to the accident;
  • pre-accident lifestyle;
  • injury complained of has been caused by that breach.

The amount of compensation also is determined by the following:

  • General damages (loss of enjoyment in life due to suffering);
  • Out-of-pocket expenses (medical bills, rehabilitation costs);
  • Any loss of income and superannuation contributions;
  • Potential medical or personal care costs that are likely to occur due to the injury; and
  • The interest from the loss of earnings.

How can I increase my prospects of success?

It is crucial that you:

  • Report the accident as well as your injury to the proper authorities immediately. Make sure that you make a list of all the relevant details immediately, so you don’t forget any crucial details later on.
  • Take pictures, if possible, of your injuries, the cause of your injuries, and or the scene of the accident.
  • Record the details of any of the witnesses to the accident.
  • Seek appropriate medical attention for your injuries. If the injury is serious, it is crucial that you see a medical professional as soon as possible in order to assess and report the injuries for evidence.
  • Keep all receipts of any medical or out-of-expenses that relate to the accident.

Engaging an experienced public liability lawyer who specialises in public liability claims can make the process easier, more efficient and more likely successful for you.

What are the fees for compensation claim for recreational accidents?

It is essential to always speak to an expert compensation lawyer about your situation. Your financial position should not prevent you from seeking legal advice in regard to the injury you suffered that you are ‘not-at-fault’ for.

Medical bills and taking time off work or, even worse, potentially not being able to return to work can be costly. Carter Capner Law offers a ‘no win, no fee’ service in many cases.

Types of injuries that can occur from a hot air balloon or ultralight accident.

A hot air balloon I'll try and accident may result from operator error, a defect in the aircraft, a landing ground defect, excess wind or turbulence or another dangerous meteorological condition.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury.

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our recreational injury lawyers can examine the circumstances of your case to determine whether you have valid legal grounds for filing a personal injury claim. After you have learned from your lawyer whether or not you have a valid claim, you can start the process:

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That’s why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone – you, us, medical specialists and barristers – stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We’ll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the “damages” components of your claim demand. The CCL Method requires that every component – general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity – is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What expenses does Carter Capner Law cover for you under its Hot Air Balloons and Ultralight accident compensation No-win No-fee terms?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    Our Hot Air Balloons and Ultralight injury experts will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us

Online Now

Welcome to Carter Capner Law! I'm here to assist with enquiries and gather details. How can I help today?