A person must have been injured or have died as a result of an accident involving aircrafts such as aeroplanes, hot air balloons, drones, or helicopters. These injuries or death will need to have resulted in economic and non-economic loss.
In aviation and aircraft cases, investigations will need to be conducted by the relevant authorities to determine how the accident occurred, and further determine whether there was any negligence in the accident.
Aviation and aircraft compensation is a complex area of law that may involve reference and application of both domestic laws and international laws. Comprehensive investigations would need to be conducted in order to determine the reasons why the accident occurred and whether there was any negligence that contributed to the accident.
The amount of compensation available will depend on the facts of each individual case and whether the injuries incurred are temporary or permanent. As such, you may be able to receive compensation for medical and hospital costs, rehabilitation costs, loss of income and loss of future income, dependency damages in cases resulting in death, and any other relevant costs from the accident.
It is crucial to seek legal advice as soon as practicable if you have suffered an injury from an aircraft or aviation accident. State and Federal laws have imposed a limitation period as to when you may lodge a compensation claim.
In Australia, the limitation period for aircraft accidents is two years from the date of the accident. However, if the accident occurred overseas, the relevant international laws and relevant international limitation periods will apply. If your accident occurred overseas, seek legal advice to determine when the time limit expires to lodge a claim and any other international laws that will be relevant to making a claim.
To make an aircraft accident claim, information such as medical expenses and hospital expenses, any rehabilitation expenses, any loss of income or loss of future income and any other relevant financial and non-financial damages will be required. Such information is required to determine the severity of the accident and the loss and damage suffered. It is important to note that aircraft accident claims processes may differ depending on the country where the accident occurred. Consequently, different, or additional information may be required for an order of compensation to be made.
It is also important to be aware that aircraft accident claims may take some time to be resolved. This is because it is often necessary to wait until an injury or illness has stabilised so the matter may be settled properly and fairly. This will entirely depend on the facts of each individual case.