Air Accident Claims

Establishing the cause of an aviation accident can be a lengthy and complicated process. Possible causes of an accident may include:

• Mechanical faults in the aircraft
• Manufacturing faults in the aircraft or its components
• Poor handling of the flight, either by onboard crew or ground control staff
• Terrorist attacks or other criminal activity.

Larger planes carry ‘black box’ flight data and cockpit voice recorders, which can help establish what happened following an accident. However, even if the black boxes are recovered, they may not provide all the answers. Many smaller aircraft do not carry black boxes.

Understanding what went wrong can often involve the development of credible theories based on the evidence available, which can only be done with a detailed knowledge of both the particular aircraft and aviation theory. Our team is not only experienced in the legal processes of aviation claims, but also works with leading experts in the aviation industry, allowing us to investigate the causes of an accident and get you the answers you need.

The investigation following an air accident can be long and complex, especially if it’s a high-profile disaster. Our aviation experts can help you get answers as soon as possible.

Official accident reports can often take years to be published, leaving victims and families in a ‘no man’s land’ with unanswered questions and unhelpful speculation. The expertise of our team means we can use specialist knowledge to assess the incident independently and determine who was at fault, whether it was the operator, manufacturer or other parties.

Once we have assessed the accident, we can help you claim against those responsible.

In international air accidents, we may need to consider which of the international conventions is relevant to your claim. This will help us understand which country you should pursue your claim in and how much compensation you can expect.

How much compensation you can receive will depend on a number of factors, including:

• The international convention that applies to the flight
• The laws around compensation claims in the country where you bring your claim
• The severity of the injuries
• The age of the passenger
• The income of the passenger
• The passenger's dependants, such as a spouse or children.

Working out the full value of each claim is complex and requires a lot of research. It's likely that all responsible parties, for example, the airline, the manufacturer and the insurers, will want to pay as little as possible, especially when many people are claiming for the same incident. Therefore, it is essential to have your case argued by specialist aviation lawyers so you can get the best settlement.

In certain cases, we could help you access an advance payment while your claim is ongoing. If the Montreal Convention or EC Regulations apply, the airline should make an advance payment straight away if you are suffering financial hardship. The amount is normally around $25,000 and we can help make sure these payments are made promptly.

To find out more about how we could help you make a claim, contact us today for a free consultation.

The majority of aeroplane incidents involving international flights are subject to the rules of the Warsaw or Montreal conventions, which govern liability and how much compensation the airline should pay to victims. If the flight is performed by a European Community Carrier, EC Regulations 889/2002 and 2027/97 govern the liability of the carrier.

These international conventions and regulations only apply to the airline. Other parties that may be liable, such as the aircraft manufacturer, are subject to different legal rules like the product liability laws in their home nation.

The precise rules and levels of compensation available depend on which convention applies to the flight in question or whether it was performed by an EC carrier. We will review your claim with you and explain which laws or conventions apply. We’ll also give you an estimate of the kind of compensation you might get if your claim is successful.