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International Flight Accident Compensation


Injured on a flight?

Recently there has been a codification of the rules relating to compensation for international air flight.  The rules have now been simplified so as to make it clear on how people can claim compensation when they have sustained an accident injury.

Discover how international accident compensation law has changed and how to navigate your claim. Contact us to for a free no obligation consultation to discuss your legal claim.

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Legal changes in international air travel

By virtue of a recent conference where over 100 nations including European Union adopted and accepted a new treaty known as “Convention for the Unification of Certain Rules for International Carriage by Air”. This was signed in Montreal in 99. The Montreal 99 amendment confirms that individuals who have sustained injuries and damage as passengers on air flights are entitled to seek compensation for those.

This is very important for Australia. E.g. people travelling from Sydney to Bali return or Sydney to Fiji return or other countries who are signatories to the Convention would all be covered. Significant time limits apply. You have a strict period of 2 years.

Previously the relevant Warsaw Convention limited the jurisdiction where an action could be brought, that is the Court dealing with the matter would have to be a place where the actual carrier is a residence or has its principal place of business. Under the new provisions, there is now an additional jurisdiction element that allows an individual to bring a claim for damages in a Court where the Plaintiff himself has a principal and permanent residence and of course the airline carrier operates passengers’ services from that jurisdiction.

The critical question is how damages and compensation are determined. A person who therefore is entitled to commence proceedings in Australia can do so but the assessment of damages as is provided by Montreal 99 is determined by local laws. Therefore the local law of the State or Territory in which the proceedings brought is relevant.


Getting the most from your claim

The previous provisions applicable to the liability of air craft international carriers was the Warsaw Convention. The new Montreal 99 incorporated a lot of those provisions. The important provisions now as per before relate to article 17(1) which provide  “That a carrier is liable for damage sustained in the case of death or bodily injury of a passenger upon condition only that the accident that caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.”

As can be seen from the definition the relevant word is an accident. For example, if there is hearing loss caused by pressure changes as a consequence of a sudden dive of an aircraft this may be deemed as an accident as was decided in the New York Supreme Court case of Weintraub v International Airways 16CCH Av cases at 18058 as compared to.

You can make international flight accident claims if you or someone you know is in such situations.

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Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

GErard Malouf & Partners

Proven solicitors and barristers

Gerard Malouf & Partners Compensation Lawyers have extensive experience managing international flight injury claims.

One client in an emergency evacuation procedure was injured but was able to successfully obtain international flight injury compensation.

When in doubt as to whether you do have rights it’s always best to talk to us and we can assess and investigate your international flight accident compensation claims at no cost to you.

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Contact us for no-obligation legal advice about your claim.
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Our guide to maximising legal claims

Download your guide today for free and make sure that you are aware of the facts and information you need to maximise your damages claim.

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Meet the Travel Accident Team

Meet some of the diverse and dynamic compensation lawyers that support our clients with their Travel Accident claims.

Vrege Kolokossian
Senior Partner
Nassir Bechara
Special Counsel

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Call us now on 1800 004 878 to book a free appointment with one of our compensation experts, or make an enquiry online now.

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 — Personal Injury Compensation Lawyers

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