What should I do if I’m injured while flying?

In the past week, two major airlines have had incidents of sudden and severe turbulence on commercial flights, leading to one death and serious injuries to passengers.

There are increasing reports of severe turbulence on commercial flights, with scientists warning that climate change could make these instances more common.

If you’ve been injured on an airplane, or whilst embarking or disembarking, you may have an aviation injury claim.

 

What is an aviation injury?

The Civil Aviation (Carriers’ Liability) Act 1959 (the Act), defines an aviation injury as “resulting from an accident which took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”

The most common injuries are those sustained in-flight, for example slips and trips; injuries caused by defective seats or other furnishings; or collisions with drink or food trolleys.

The legal frameworks that apply to aviation injuries are complex, so we recommend that you seek legal advice as soon as you are injured (as time limits apply) to understand your rights and potential to claim compensation.

 

How do I obtain compensation?

To obtain compensation for aviation injuries, the injured person (a ‘claimant’) must show that they sustained an aviation injury as is defined in the Act. If the circumstances of the injury meet this definition, there is no need to establish negligence by the airline or other respondent in order to be entitled to compensation.

If an injury was caused by negligence, you must prove you were owed a duty of care by the airline or other respondent, that they breached the duty of care, and that the breach resulted in your injury.

In either circumstance, it is important to know that obtaining damages for injury and loss resulting from an injury is not an automatic process. You need to follow procedural steps such as notifying respondents of your claim, as well as providing evidence of your injuries, and any resulting losses you suffered as a result (such as loss of wages). To understand the steps involved in making an aviation injury claim we recommend that you speak to the MEJ team as soon as possible.

 

How much compensation can I claim?

Damages for personal injury are compensatory, which means that they are calculated based on what has been lost as a result of the injury. This may include damages for pain and suffering, as well as past and future treatment expenses, and lost wages.

Where the Act applies to an injury, it is also important to note that there is a cap on the maximum amount of compensation that can be awarded. At the date of writing, the maximum amount of damages that can be awarded for an aviation injury claim is $925,000.00.

Depending on the seriousness of your injury, there may be income protection or other insurance claims that address certain categories of loss or compensate a claimant for permanent disability. These options will need to be discussed with a lawyer to understand whether they apply to you, as well as how it may interact with any claim that is made for an aviation injury.

 

How long do I have to bring a claim?

Personal injury claims for aviation injuries have different, shorter, time limits to other kinds of personal injury claim. You must bring an aviation injury claim within two years of the date the relevant aircraft arrived at its destination. If the aircraft did not arrive at its destination, the two years begins on the date the aircraft ought to have arrived at its destination, or the date the carriage of the passenger ended, whichever is latest.

This time limit is shorter than the three years that typically applies to other personal injury claims in Australia, so it is important to act quickly and obtain legal advice as soon as possible if you sustain an aviation-related injury.

 

What do I do next?

If you or a family member have sustained an aviation injury, we encourage you to speak to a lawyer as soon as possible. Retain your boarding pass and any medical documentation including receipts and photographs.

At MEJ, we have an experienced team who would be happy to speak with you further about your options and next steps. Don’t delay and contact MEJ for a free, no-obligation enquiry.