Airline & Aviation Injury Lawyers

Carter Capner Law handles claims for a wide range of travel injuries, including aircraft & airline accidents. Our aviation and aircraft injury lawyers Brisbane and QLD conduct aviation claims for aircraft accidents anywhere in the world. We act for pilots, passengers and aviation employees so in each case you can get the payout or compensation you deserve.

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 airline or aircraft accident claim?

Make an enquiry

What to do if you have been injured in an aircraft or on an airline?

Whether you were flying commercially (domestic or international), privately or on a recreational flight, aircraft injuries can seriously affect your physical, emotional and financial wellbeing. TPD and income protection claims can be made void reasonableness is sustained as a result.

Carter Capner Law also conducts compensation claims for a wide range of aircraft accidents. Aircraft claims and aviation claims are conducted for:

  • injured passengers and crew;
  • the surviving family members of deceased aircraft accident victims;
  • injured or affected bystanders and family members;
  • physical injuries and psychological trauma.

Your entitlement to damages will depend on when and how your injury occurred and the nature of the aircraft operation. During our initial discussion we will ask some simple questions with you relating to the accident and your injuries, including:

  • how the accident occurred and who might potentially be at fault;
  • the extent of your injury;
  • civil liability issues;
  • the purpose of the flight and your itinerary;
  • employment status and medical history.

If you are unsure whether you qualify for an insurance payout or for aircraft accident compensation, our Aviation Injury Lawyers can assess the circumstances of your case and advise you on the best course of insurance and legal action.

1

Schedule your no-obligation initial consultation

At our initial consultation, we can give you more information about the claim process and chat with you about the viability of your 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 then gather evidence, obtain reports from medical providers, travel coordinators and police and other authorities where the accident happened. We will also investigate your injuries so we can understand clearly how the injury will/has impacted your home life and at work.

3

Claim settlement or court proceedings

Our services include comprehensive negotiations with the insurers for at-fault parties with a view to ensuring you recover the compensation to which you are entitled.

In many instances, claims can be resolved without the need for court proceedings.

How much insurance or compensation will I receive for my travel injury claim?

For insurance claims this depends on the cover provided under the policy. For compensation claims, it depends on the extent of fault on the part of the service provider and a comparison of your income earning capacity and other factors when compared before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to more substantial 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 elements proved including fault and causation.

The amount of compensation also is determined by:

  • 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;
  • Paid and unpaid recuperative assistance;
  • Ruined holiday loss;
  • Holiday disappointment;
  • Potential medical or personal care costs that is likely to occur due to the injury; and
  • The interest from the loss of earnings.

What determines the success of a compensation claim in an airline or charter operation?

Your entitlement to damages will depend on the nature of the aircraft or airline operation through which you are injured and how the injury occurred.

The time limit for commencement of court proceedings for domestic and international claims as well as most charter and commercial transport is typically two years from the date of the accident. Failing to claim within this timeframe could mean you forfeit your right to compensation.

Am I entitled to compensation if I was injured at the airport?

Passengers injured at airports can be subject to special compensation rules and jurisdictional issues.

Passengers are entitled to injury compensation for accidents that occur in airport terminals, during transfers, embarking and disembarking. Injuries can happen anywhere inside an airport, with the following types:

  • Trips and falls – Airports have a duty of care to maintain high safety standards for passengers. This includes keeping walkways clear of hazards
  • Pulled muscles – Lifting luggage during security checks can cause muscles strains
  • Crushed extremities – The use of conveyor belts and other types of machinery in airports can put the public and staff members at risk of injury

Our Aviation Injury lawyers can help airport employees and travellers who have sustained injuries in an airport terminal.

The time limit for commencement of court proceedings for domestic and international claims as well as most charter and commercial transport is two years from the date of the accident.

Am I entitled to compensation for in-flight injuries?

International airline passengers are subject to multi-national conventions. Different rules apply to domestic airlines. Surviving family members have compensation rights in the case of fatalities.

Compensation is also dependent on the injury being the result of an ‘accident’ – this means it needs to have been initiated by causes external to the passenger.

In-flight injuries include turbulence, carry-on luggage drops, trolley rams and unruly passengers.

Claims are conducted worldwide.

Am I entitled to compensation if my baggage is lost, damaged, or delayed?

Air carriage law imposes special rules relating to claims for delayed, lost and damaged cargo, checked baggage and cabin baggage. Liability limits and particular time limits apply. Our aviation injury lawyers can provide you with advice on how to recover the cost of lost or damaged luggage.

How are damages assessed for travel injury compensation claims?

You must keep as many records before, during and after the accident. Things like receipts, documents, waivers, images, witness statement details, correspondence between you and the facility where the accident occurred. It may be challenging to prove that the operator was incompetent, mainly if there was an apparent inherent risk to the activity.

To assist your lawyer with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product which caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

Some claims are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile, please contact us, and we will help assess your needs and eligibility for our no-win no-fee service.

Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

What are the fees for compensation claim for airline 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 regards to your 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.

We service all of Australia in relation to travel and holiday injuries including injuries occurring overseas.

Types of injuries that can occur during an aviation accident?

Whether you were flying commercially (domestic or international), privately or on a recreational flight, aircraft injuries can seriously affect your physical, emotional and financial wellbeing. We can help you pursue damages for various injuries, including:

Head and brain injury.

Spinal and neck injury.

Mental illness.

Ankle, knee and wrist injury.

Upper and lower limb injuries.

Fracture.

Whiplash.

Soft tissue and eye injury.

Shock, anxiety and depression.

The CCL method

Our compensation lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

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 are the fees for travel compensation claims?

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

    We 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