Personal Injury
Aircraft Accident Lawyers

Airline passengers injured on domestic and international flights may be entitled to compensation for various types of accidents, including:

•   Slip and falls in airport concourse areas
•   Slip and falls in passenger jetways, tunnels and bridges whilst boarding or disembarking
•   Injuries caused by defective seats
•   Head and neck injuries from falling objects, such as from overhead lockers
•   Burns from spilt hot drinks
•   Injuries caused by refreshment trollies
•   Cuts from defective fixtures and fittings
•   Injuries during turbulence due to inadequate warnings or seatbelt requirements
•   Accidents on airport tarmac during boarding or disembarking
•   Injuries from malfunctioning equipment such as air bridges or stairs

Many airline passengers have rights to compensation without having to prove negligence, as international conventions often apply which incorporate specific criteria. Aircraft injury claims can be complex due to these international conventions and varying jurisdictions.

The Montreal Convention is an international treaty that governs liability for injuries sustained during international air travel. This convention applies to international flights and establishes specific rules for airline liability. 

Under the Montreal Convention:

•   Airlines are liable for passenger injuries that occur during the course of air travel, including embarking and disembarking
•   Passengers do not need to prove negligence for injuries up to certain compensation limits
•   The accident must occur onboard the aircraft or during boarding or disembarking processes
•   There are strict time limits for bringing claims, typically two years from the date of arrival or scheduled arrival
•   The Convention applies to international flights between countries that have ratified it
•   Compensation limits may apply depending on the circumstances of the injury

For domestic Australian flights, different laws apply, including the Civil Aviation (Carriers’ Liability) Act 1959 (Cth). Our experienced aviation lawyers can advise you on which laws apply to your specific situation and how they affect your compensation prospects.

Airplane accidents usually have shorter time limits to bring a claim than other types of personal injury claims, making it crucial to seek expert legal advice as soon as possible. 

Time limits vary depending on several factors:

•   For international flights governed by the Montreal Convention: typically 2 years from the date of arrival at the destination or from the date the aircraft ought to have arrived
•   For domestic Australian flights: different limitation periods may apply under Australian aviation law
•   The specific jurisdiction and applicable law depend on factors including where you booked your ticket, where the flight departed, where it was destined, and the airline’s principal place of business
•   Some jurisdictions may have even shorter time limits for notifying the airline of your injury 

Time limits in aviation law are not straightforward and must be confirmed by an expert to avoid a late claim and potentially losing your right to claim compensation. Contact Stacks Goudkamp immediately after your accident to ensure your rights are protected.

Yes, you can claim compensation for airline injuries that occurred outside Australia. In fact, many airline injury claims involve international flights or accidents in foreign countries. 

Several factors determine how your claim proceeds: 

•   International conventions like the Montreal Convention often apply to cross-border flights, providing uniform rules regardless of where the accident occurred
•   The jurisdiction and applicable laws might vary depending on the country where the accident occurred, the airline’s home country, and where your ticket was purchased
•   You can pursue your claim from Australia even if you’ve already returned home from your trip
•   If you’re still overseas when the accident occurs, we can advise you by telephone or email and guide you on what documents and information to gather before returning home
•   For accidents in certain countries, we work with our reliable pool of overseas experts to ensure you receive proper representation

At Stacks Goudkamp, our travel law team has extensive experience handling airline injury claims involving international flights and foreign airlines. We can navigate the complexities of international aviation law to secure the compensation you deserve.

The party responsible for your compensation depends on where and how your airline injury occurred:

•   The airline operating the flight is typically liable for injuries occurring onboard the aircraft or during the boarding and disembarking process
•   Airport operators may be liable for accidents occurring in terminal areas, concourses, or other airport facilities
•   Ground handling companies may be responsible for accidents involving defective stairs, air bridges, or boarding equipment
•   In some cases, multiple parties may share liability, such as when an accident involves both airline operations and airport facilities
•   For code-share flights, determining the responsible airline may require legal analysis of your ticket and the operating carrier 

Aircraft injury claims can be complex because they may involve multiple potentially responsible parties across different jurisdictions. Our aviation lawyers will identify all responsible parties and determine the best strategy for pursuing your compensation claim.

Taking the right steps immediately after an airline injury can significantly strengthen your compensation claim: 

•   Seek medical attention immediately, even if injuries seem minor, and keep all medical records and receipts
•   Report the injury to the flight crew or airline staff immediately and insist on completing an incident report
•   Obtain a copy of the incident report for your records
•   Document your injuries with photographs as soon as possible
•   Keep all evidence including boarding passes, baggage tags, ticket receipts, and travel itinerary
•   Collect contact details from any witnesses who saw your accident
•   Photograph the location and cause of your accident if possible (defective seat, overhead locker, etc.)
•   Do not sign any documents or accept compensation offers from the airline without legal advice
•   Contact your travel insurance company to report the incident
•   Consult with Stacks Goudkamp as soon as possible to protect your legal rights 

If you’re still overseas, we can provide immediate advice by telephone or email and guide you on additional documentation to gather before returning home. Early legal advice is crucial due to the shorter time limits that apply to airline injury claims.

Compensation for airline injuries may include various types of damages, depending on the applicable law and the severity of your injuries:

•   Medical expenses including emergency treatment, surgery, rehabilitation, and ongoing medical care
•   Lost income from time off work due to your injuries
•   Pain and suffering compensation for physical pain and emotional distress
•   Loss of enjoyment of your holiday or business trip
•   Costs of the ruined portion of your holiday from the day of the accident onwards
•   Travel expenses related to medical treatment
•   Future loss of earning capacity if injuries result in permanent disability
•   Care and assistance costs during recovery
•   In some cases, compensation for distress, disappointment and loss of enjoyment

Under the Montreal Convention for international flights, airlines are liable without proof of negligence up to certain limits. For more serious injuries exceeding these limits, additional compensation may be available if airline negligence can be proven.

At Stacks Goudkamp, we work with medical experts and financial advisors to ensure all aspects of your injuries and losses are properly quantified and included in your claim.

Before accepting any compensation offer from an airline, it is crucial to obtain independent legal advice from an experienced aviation lawyer.

Important considerations include:

•   Initial offers from airlines are often significantly lower than what you may be legally entitled to receive
•   By accepting an early settlement offer, you may waive your rights to pursue additional compensation in the future
•   You may not yet know the full extent of your injuries or their long-term impact on your life and earning capacity
•   Airlines have experienced legal teams protecting their interests – you deserve equal representation
•   The offer may not account for future medical expenses, ongoing treatment, or permanent disability
•   Once you sign a settlement agreement, you typically cannot reopen your claim even if your condition worsens

At Stacks Goudkamp, we can review any offers made by airlines, assess whether they adequately compensate you for your injuries and losses, and negotiate on your behalf to secure fair compensation. Our No Win, No Fee arrangement means you don’t pay legal fees unless we successfully recover compensation for you.

At Stacks Goudkamp, we handle airline injury compensation claims on a No Win, No Fee basis, meaning you pay no legal fees unless your claim is successful.

Our fee structure includes:

•   No upfront legal fees – you don’t pay anything to start your claim
•   We advance all necessary expenses including expert reports, medical assessments, and investigation costs
•   You only pay legal fees if we successfully recover compensation for you
•   Our fees are recovered from the compensation we secure on your behalf
•   Free initial consultation to assess your airline injury claim
•   Transparent fee agreements explained clearly before you proceed

This arrangement removes financial barriers and allows you to access experienced legal representation regardless of your financial circumstances. We have every incentive to maximise your compensation because we only succeed when you succeed.

During your free initial consultation, we will explain our fee structure in detail and answer any questions you have about the costs involved in pursuing your airline injury compensation claim.

While it’s not legally mandatory to engage a lawyer for your airline injury claim, it is highly recommended, especially given the complexity of aviation law. 

Representing yourself presents significant challenges:

•   Aviation laws are complex, involving international conventions, treaties, and varying domestic regulations
•   Determining which jurisdiction’s laws apply requires specialised legal knowledge
•   Airlines have experienced legal teams and insurers working to minimise payouts
•   Strict and short time limits in aviation law mean mistakes can result in losing your right to compensation entirely
•   Gathering and presenting technical evidence requires expertise in aviation accident investigation
•   Negotiating with international airlines and their insurers involves navigating different legal systems and languages
•   Calculating proper compensation requires understanding both aviation law limitations and personal injury damages

At Stacks Goudkamp, our travel law team specialises in airline injury claims. We have:

•   Extensive experience with the Montreal Convention and domestic aviation laws
•   Lawyers who speak multiple foreign languages to assist with international claims
•   Established relationships with overseas aviation experts and medical specialists
•   A proven track record of successful outcomes for airline injury clients
•   The resources to thoroughly investigate your accident and build a compelling case

We can advise you on your legal rights, applicable time limits, gathering necessary evidence, and the best strategy for pursuing your claim. Our No Win, No Fee arrangement means there’s no financial risk to obtaining expert legal representation that significantly improves your chances of a successful outcome.