Aircraft accidents in Japan

We handle aircraft & airline injury compensation claims throughout most of the world. These include accidents involving airlineslight aircraft, helicopters, charter flights and commuter aircraft. This includes aircraft accidents in Japan and on Japanese airlines internationally. 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 aircraft or airline accident claim?

Make an enquiry

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

The law of Japan allows compensation for injuries sustained in airline and aircraft accidents.

Accidents involving domestic aircraft

Japan has various legal codes that apply to passenger injury claims.

Airlines (‘Carriers’) are liable for damages regarding passengers (and their baggage and possessions) under what approximates to the law of torts, ie negligence.

The Civil Code and the Commercial Code apply to the liability of an air carrier for passenger injury or death occurring during domestic carriage.

The airline can defeat a claim if it proves it is not at fault or the accident occurred without any cause. Liability may be affected by the Carrier’s conditions of carriage, ie airline ticket terms & conditions.

If several parties are proved to have been at faultt, each will be jointly and severally liable to injured passengers.

The claim must be filed within five years from the time that the injured person discovers their injury and the identity of the at-fault party but is time barred after 20 years from the time of the event.

All claims are in effect, against the Carrier’s insurer.

Accidents in international carriage

Japan is a party to the Montreal Convention which imposes a two-tier liability regime, under which the carrier is strictly liable up to 100,000 special drawing rights (SDR) for death or injury of passengers, and liable for damages over 100,000 SDR based on fault.

The Montreal Convention became effective in Japan in 2003.

All claims are in effect, against the Carrier’s insurer.

  • An unofficial English translation of the Commercial Code may be found here.
  • An unofficial English translation of the Civil Code may be found here.
  • An unofficial English translation of the Code of Civil Procedure may be found here.
  • An unofficial English translation of the Act on General Rules for Application of Laws can be found here.

Carter Capner Law conducts claims – with Japanese colleagues where required – for aircraft accidents in Japan and international accidents involving Japanese aircraft.

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. Our Airline & Airplane Injury Lawyers will also confirm your eligibility for no win no fee terms to pursue your case.

2

What if I reside in another country?

We help aircraft & airline injury victims recover compensation for their injuries received anywhere in the world.

We have represented clients in the USA, UK, Australia, South-East Asia, India, The Middle East, South America, Japan and North Asia.

Our Airline & Airplane Injury Lawyers liaise with your treating medical specialists to assess your rehabilitation needs and to assess future impairment and loss of future income-earning capacity. This is usually done by having our medical specialists – who we retain to pursue the claim – talk to your medical specialists by video conference.

In some cases, Our Airline & Airplane Injury Lawyers will bring our medical specialists to you for a physical examination.

3

Investigation & gathering evidence

Our Airline & Airplane Injury Lawyers will then gather evidence, obtain reports from medical providers, travel coordinators and police and other authorities where the accident happened. Our Airline & Airplane Injury Lawyers will also investigate your injuries so we can understand clearly how the injury will/has impacted your home life and at work.

4

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.

Speak to our Airplane Injury Lawyers today to discuss about claim settlement out of court.

Rapid advice available for these and similar aviation accidents

TitleDateContent
Fatal Crop Duster Plane Crash Near Bourke, NSW – Australia
A crop duster plane crash near Bourke, NSW, resulted in the death of the pilot, with investigations underway to determine the cause of the accident.
Cessna Plane Crashes and Bursts into Flames in Hervey Bay, QLD – Australia
A pilot miraculously survived a Cessna plane crash in Hervey Bay, QLD, which resulted in the aircraft being destroyed by fire. The pilot sustained a head injury but is in stable condition.
Robinson R22 Helicopter Crash-Lands Near Arrowtown, Mount Hyde – New Zealand
A Robinson R22 helicopter encountered a crash-landing near Arrowtown, leaving the aircraft substantially damaged but both occupants unharmed. The Civil Aviation Authority is investigating the incident.
Honda Airways HondaJet Runway Excursion at Oita Airport, Japan
A HondaJet operated by Honda Airways veered off the runway during landing at Oita Airport, Japan, causing no injuries but leading to significant flight disruptions.
Tragic Training Flight Crash of Cessna 172S Skyhawk SP near Brownlow Hill, NSW – Australia
In a heartrending incident southwest of Sydney, a 16-year-old student pilot died in a crash involving a Cessna 172S Skyhawk SP during a training flight near Brownlow Hill.

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

This depends on the quality of your evidence, the quality of your Airline & Airplane Injury Lawyers’ investigation of the accident and the evidence you have a lawyer present in relation to loss of income earning capacity in the future.

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 life.

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 are 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.

Speak to our Aircraft & Airplane Injury Lawyers today to discuss time limits and constraints.

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.

Other injuries anywhere inside a terminal may be compensable, eg:

  • Trips and falls – Airports have a duty of care to maintain high safety standards for passengers. This includes keeping walkways clear of hazards
  • 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 Airline & Airplane 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.

What about injuries resulting from a light aircraft accident?

Accidents and light aircraft can because by pilot error, weather conditions, mechanical issues, landing ground defects and other relevant factors.

If you have suffered an injury in a light aircraft accident is always worthwhile contacting Aircraft & Airplane Injury Lawyers to investigate your entitlement to compensation.

Do special rules apply in relation to helicopter scenic flights?

All scenic flights whether by helicopter or by light aircraft are considered to be commercial transport in respect of which special liability compensation rules apply.

Contact our Airline & Airplane Injury Lawyers will for advice as soon as possible.

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 Airline & Airplane 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 should keep health, medical and income records for the periods before and after the accident. Receipts, documents, tickets etc, must also be retained.

To assist your Airline & Airplane Injury Lawyers 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 six 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 our Airline & Airplane Injury Lawyers will help assess your needs and eligibility for our no-win no-fee service.

Our Aircraft & Airplane Injury Lawyers offer 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 Airline & Airplane Injury Lawyers 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.

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.

Shoulder injuries.

Ankle, knee and wrist injury.

Upper and lower limb injuries.

Fractures.

Soft tissue injury.

Shock, anxiety and depression.

The CCL method

Our Airline & Airplane Injury 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. Our Airline & Airplane Injury Lawyers 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, our Airline & Airplane Injury Lawyers 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 aircraft & airline injury 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

    Our Airline & Airplane Injury Lawyers 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?