NSW Aviation Claims
Passengers upon commercial aircraft are able to make a claim on a no fault basis for injuries received during boarding or disembarking from the aircraft together with any injuries sustained during flight of the aircraft or any injuries sustained in the process of taxiing, takeoff and landing.
Both Federal and State law applies to these damages. This means that if you are engaged in commercial airline travel within the Commonwealth of Australia and travel overseas you are covered by State and Federal legislation. Federal law is covered under the Civil Aviation (Carriers Liability) Act 1959 (Cth). Under travel to and from New South Wales coverage is provided under the Civil Aviation (Carriers Liability) Act 1967 (NSW).
If you are injured on an aircraft by an “event external to the passenger” you are able to claim compensation for physical injury. The law applied in this area is based on the Montreal Convention which provides for payment of damages at a fixed rate up to a maximum of $725,000.00. A 2 year time limit for the prosecution of these claims exists, you must have your case filed in the court within 2 years from the date of the accident or injury or else your claim becomes statute barred.
Under the Act you do not have to establish negligence or fault on the part of the airline, you simply need to prove that you suffered an injury as a passenger aboard an aircraft, or while boarding or disembarking from an aircraft. This means a strict liability regime applies for aircraft accidents.
If you are injured on a joy flight by a recreational organisation with a charter licence you may be able to make a claim under the above provisions.
If you have suffered an injury on an aircraft Attwood Marshall will be able to take instructions and assist you in appropriate cases. Contact our personal Injuries Department Manager Kelli Costin on 07 5506 8220 or kcostin@attwoodmarshall.com.au for more information or book an appointment for a free initial consultation.
All our personal injury lawyers across the Gold Coast, Kingscliff, Robina and Brisbane work on a No Win, No Fee basis to give you the confidence and assurance that we are on your side.
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I just want to say a big “Thank You” for all your hard work regarding the sale of my former home and purchase of my new unit, where I feel very “at home” already.
This year has been a difficult one for me, but with the help of you, Jeff and Jess, I have got through it and now look forward to enjoying a more peaceful life.
Thanks again
Thank you so much! Your patience and diligence helped me more than you know and I cannot imagine there being a better person to have put my faith in. Immediately I decided to give the claim fully over to you, I’ve made some excellent progress in letting go and moving forwards. Thank you!
Sincerely
Lenore
Thank you so much for all your hard work and support throughout my case. I truly appreciate all you have done for me and hope that you and your family enjoy the holiday season. Thank you again for everything, enjoy the holidays
Warm wishes,
Fiona
Thank you so much for yesterdays outcome, Rob and I really appreciate the way this was handled. The amount of compensation really surprised us as well as we had no expectations. I now feel confident to move forward and start with the treatments so I can put this all behind me. Please thank Zoe and Kevin Roche for their part too.
Thank you, Kevin and all the team at Attwood Marshall for all your help during the settlement process. It was much appreciated.
Kind regards,
Thanks very much for this great outcome and for all your professional support. It has been a pleasure dealing with Attwood, everyone has been incredibly supportive, professional and great to work with, as I have found in the past.
Look after yourself and thanks.
All the Best
Kind Regards
Thank you very much for the prompt transfer of fund into Aaron's account. It has been a great journey dealing with you and Henry. We learned a lot along the way, and appreciated the guidance and advice presented to us. We wish you and Henry all the very best in your legal career and business.
Kind regards,
Michael and Aaron
Thanks again for everything. It's still a bit surreal it's finally over! I'm very grateful to you, Rhiannon and Kevin for all of your patience, hard work and perseverance throughout the case. It was certainly frustrating at times but we got there in the end.
Hope you all had a fantastic holiday and wishing you all a wonderful 2017 (and be careful at the gym lol).
Once again you have delivered with exceptional professionalism. I honestly cannot thank you enough for what you have done for me and the manner and speed in which it was all handled. It has worked out really well, greatly appreciated! Thanks again Jeremy, will talk soon..
Regards,
Dan
Regards,
Danny
My husband and I would like to sincerely thank you for all the hard and speedy work you had put into my compensation claim. You are a credit to your profession. We could not be more happy with the wonderful outcome. Would you also pass on our sincere thanks to Kevin. He certainly proved to be a valuable asset on the day of the conference and I was glad he was on my side.
I am now relieved that this is behind me and can really concentrate on getting myself fully recovered. Once again many thanks.
Warmest regards
Chrissie
Take care, all the best
Mel