Aviation Accident Claims

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Aviation accidents, whether they involve in-flight incidents or ground-based mishaps, can result in severe physical injuries, emotional trauma, and financial disruption. Good & Murray Smith LLP has extensive experience handling aviation accident claims, offering victims and families the expertise needed to pursue justice and compensation.

Types of Aviation Accidents We Handle

Aviation accidents occur in various contexts, each presenting unique challenges. At Good & Murray Smith LLP, we have successfully represented clients in claims involving:

  • In-flight injuries: Turbulence, falling luggage, unsecured equipment, or malfunctioning seats.
  • Boarding and disembarking accidents: Slips, trips, and falls on stairs, jet bridges, or airport grounds.
  • Mechanical failures: Crashes or injuries caused by engine defects, system malfunctions, or poorly maintained parts.
  • Pilot error: Misjudgements during take-off, landing, or flight leading to injury or loss of life.
  • Ground crew negligence: Mishandling of equipment or poor coordination between air traffic control and staff.

Each claim requires an in-depth analysis of evidence, such as flight records, maintenance logs, and witness testimonies.

Who Can Claim Compensation?

Victims of aviation accidents span a broad spectrum, including:

  • Passengers: Injured during flights or while boarding and disembarking.
  • Ground staff: Harmed due to operational negligence or equipment failures.

Bystanders or individuals on the ground injured by aircraft debris may also be entitled to compensation.

Common Injuries in Aviation Accidents

Aviation-related injuries can range from mild to catastrophic. Common examples include:

  • Traumatic head injuries: From sudden impacts or falling objects.
  • Burns and scarring: Caused by hot liquids, surfaces, or fires.
  • Fractures and other orthopaedic injuries: Resulting from turbulence, falls, or hard landings.
  • Emotional and psychological trauma: Including PTSD following distressing events.

Solicitors work closely with medical experts to ensure your injuries are accurately documented and valued for compensation purposes.

Proving Negligence in Aviation Claims

Establishing liability in aviation claims is a detailed and highly technical process. Possible negligent parties include:

  • Airlines: For inadequate maintenance, poor safety protocols, or overloading aircraft.
  • Manufacturers: When defective parts or design flaws contribute to accidents.
  • Pilots and crew: For operational errors or failure to follow standard procedures.
  • Airport operators: For hazardous conditions on runways or boarding areas.
  • Third-party contractors: Such as maintenance providers or baggage handlers.

Aviation Laws and Regulations

When it comes to aviation claims, the legal side can be complicated. There are international treaties, national rules, and industry standards to contend with. 

What’s the Montreal Convention?

If you’re injured on an international flight, the Montreal Convention usually comes into play. This agreement sets out when airlines are responsible for injuries (as well as delays and lost luggage). If the accident happened during boarding, in-flight, or disembarking, the airline is likely liable. We’re experts in applying this treaty and know how to build a strong case in your favour.

What About National Laws?

In Ireland, a common law duty of care applies. Examples of instances where Irish law can hold the responsible party accountable include poor aircraft maintenance, a lack of safety protocols, or mistakes made by crew or ground staff. Depending on the situation, a claim might deal with multiple parties, from airlines to third-party contractors.

Industry Standards

Aviation is tightly regulated. Organisations like the International Civil Aviation Organisation (ICAO) set standards for everything from pilot training to aircraft inspections. If these standards aren’t met, and you’re injured as a result, it strengthens your claim.

Compensation You Can Pursue

If you’ve been injured in an aviation accident, the compensation you might be entitled to can depend on the severity of your injuries and the impact on your life. Here’s what will typically be looked at when pursuing a claim:

General Damages

This covers the physical and emotional toll the accident has taken on you. It’s not just about the pain and suffering you’ve endured but also how the injuries have disrupted your daily life. For example, if your mobility has been affected, or if you’ve struggled with mental trauma, these factors are taken into account.

Special Damages

These include all the out-of-pocket expenses caused by the accident. Think of medical bills, travel costs for treatment, or lost income if you’ve had to take time off work or can’t work at all anymore. If your injuries mean you’ll need ongoing care, modifications to your home, or therapy, these costs are also included.

Future Losses

For serious injuries, it is important to consider the long-term implications. Will you need future surgeries? Is your earning capacity reduced? These are critical parts of a claim. 

How the Claims Process Works

Here’s how the process typically unfolds:

Step 1: Consultation and Case Assessment

The process starts with a chat to understand what happened. You will be asked about the accident, your injuries, and how they have affected your life. 

Step 2: Gathering Evidence

We will collect everything from medical reports and witness statements to flight records and maintenance logs. If there’s CCTV footage or black box data, we may seek that too. The stronger the evidence, the better the chance of success.

Step 3: Identifying Who’s Responsible

In aviation claims, liability isn’t always straightforward. It could be the airline, a maintenance company, or even a manufacturer. Your solicitor will dig into the details to figure out who’s at fault. 

Step 4: Negotiation or Litigation

Most claims settle out of court, but if the responsible parties don’t offer fair compensation, you can take the case to court. 

Frequently Asked Questions

Claims can arise from plane crashes, emergency landings, turbulence, issues during boarding or disembarking, and mechanical failures causing harm. Even minor incidents, like falling luggage or injuries due to staff negligence, may qualify.

Yes, injuries sustained during boarding or disembarking are considered part of the air travel process under international conventions like the Montreal Convention. If negligence is proven, you may have a valid claim.

International flights are typically covered under the Montreal Convention, which applies regardless of the airline’s country of origin. A solicitor can guide you based on the flight's route and applicable jurisdictions.

If negligence by airline staff (e.g. by spilling hot drinks or not responding to hazards before or during the flight) led to the accident, you can usually claim against the airline for compensation.

Yes, psychological injuries such as post-traumatic stress disorder (PTSD) or anxiety due to an aviation accident can be included in your claim. A medical diagnosis and evidence linking it to the incident are usually necessary.

Airlines are required to follow strict safety protocols under national and international regulations. Breaches of these regulations can support your claim by demonstrating negligence or failure to comply with standards.

If the accident was caused by faulty repairs or maintenance carried out by a third-party contractor, claims can be directed at the maintenance company alongside or instead of the airline.

While airlines aren’t typically held liable for unavoidable weather conditions, they may still be responsible if they failed to take reasonable precautions or didn’t adequately warn passengers about potential turbulence.

Fatal accident claims can be pursued by the deceased’s family or legal representatives. Compensation may include funeral expenses, loss of dependency, and damages for pain and suffering experienced before death.

Why Good & Murray Smith LLP?

Aviation claims are some of the most complex personal injury cases out there, and you need a team with the right expertise. At Good & Murray Smith LLP, we have years of experience handling these cases, and we know how to work through the legal and technical details.

If you’ve been involved in an aviation accident, don’t wait to get advice. Contact us today, and let’s start working on your claim.

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If you’ve been injured and believe you may have a claim, don’t wait. Good & Murray Smith LLP is here to help. Contact us to arrange a consultation to review your case and guide you through the next steps.