AIRLINE INJURY COMPENSATION LAWYERS
If you have been injured while travelling on a domestic or international flight to Queensland or from Queensland, you may be entitled to claim compensation.
Whether your injury was caused by severe turbulence, falling luggage from an overhead locker, a slip or fall while boarding, an emergency landing, or another incident during air travel, you may be eligible for compensation.
At Evolve Legal, our experienced personal injury lawyers assist people across Queensland with airline injury compensation claims.
FREE CLAIMS CHECK
Find out where you stand with no obligation.
Can I Claim Compensation If I was Injured on a Plane?
Yes, you may be able to claim compensation if you suffered a physical injury while travelling on a commercial flight to or from Queensland, while boarding the aircraft, or while disembarking. You may be entitled to claim compensation.
Airlines carrying passengers are generally required to maintain insurance for injuries suffered during air travel, and compensation may be available for both domestic and international flights, although different laws apply depending on where the incident occurred.
Every claim is different. Whether you are entitled to compensation depends on factors such as how the injury occurred, where it happened, the law that applies to your claim, and the evidence available.
Because strict time limits apply to airline injury claims, it is important to obtain legal advice as soon as possible. As a result, we offer a free claims check with an experienced personal injury lawyer.
What Airline Injuries Can You Claim Compensation for in Queensland?
People can suffer injuries during air travel in many different ways.
You may be entitled to compensation if you were injured on a flight departing from, arriving in or travelling within Queensland because of:
- severe or unexpected turbulence
- an emergency landing
- falling luggage from an overhead locker
- slipping or tripping while boarding or leaving the aircraft
- unsafe stairs or aerobridges
- burns from hot food or drinks
- defective aircraft seats
- objects falling during the flight
- another accident that occurred while travelling by air
These incidents can result in injuries such as:
- fractures
- spinal injuries
- neck injuries
- shoulder injuries
- head injuries
- concussion
- soft tissue injuries
- ligament damage
- psychological injury associated with a physical injury
If you are unsure whether your injury may give rise to a claim, our team can assess your circumstances during a free initial claims check.
When Can You Make an Airline Injury Compensation Claim?
You may have a claim if your injury occurred:
- during a domestic flight traveling to or from Queensland
- during an international flight where you departed from Queensland
- while boarding an aircraft in Queensland
- while disembarking from an aircraft in Queensland
- during an accident that occurred on board the aircraft
The law surrounding airline injury claims can be complex because different legislation may apply depending on whether the flight was domestic or international.
Our team can explain which laws apply to your situation and whether you may have a valid claim.
What Compensation Can You Claim After an Airline Injury?
If your Queensland airline injury claim is successful, you may be entitled to compensation for the losses caused by your injury.
Depending on your circumstances, compensation may include:
- pain and suffering
- loss of enjoyment of life
- past and future loss of income
- reduced earning capacity
- medical and rehabilitation expenses
- treatment costs
- care and assistance where applicable
The compensation available will depend on your individual circumstances, the severity of your injuries and the legislation governing your claim.
If you are unsure whether your injury may give rise to a claim, our team can assess your circumstances during a free initial claims check.
What Laws Apply to Airline Injury Claims in Queensland
The laws applying to an airline injury claim depend on whether the flight was within Queensland, interstate or international. The flight itinerary, where the incident occurred and whether the passenger was boarding or disembarking may also be relevant.
Domestic Flight Injury Claims
Domestic airline injury claims are generally governed by Australian legislation.
If you were injured while travelling within Australia, you may be entitled to compensation depending on the circumstances of the incident and the applicable legislation.
In some situations, common law negligence may also apply, particularly where the injury occurred outside the legal scope of carriage by air.
Because the applicable law varies between circumstances, obtaining legal advice early is important.
International Flight Injury Claims
International airline injury claims are generally governed by the Montreal Convention, an international treaty that regulates airline liability for passenger injuries.
The Convention applies to many international flights connected to Australia in some way.
Whether compensation is available depends on the specific facts of the incident and whether the legal requirements under the Convention are satisfied.
Can You Claim Compensation for Psychological Injury?
Whether compensation is available for psychological injury depends on the circumstances of your claim.
Domestic Flights
For domestic flights, it may be possible to pursue compensation for psychological injury where the alleged negligence occurred outside the legal scope of carriage by air, such as during the boarding process, before the flight has officially commenced.
If the claim falls within the jurisdiction of the relevant Australian court and the legal requirements for negligence and psychiatric injury are established, compensation may be available.
International Flights
International claims are generally governed by the Montreal Convention.
Under the Convention, compensation is generally available for bodily injury resulting from an accident that occurs on board the aircraft or while embarking or disembarking.
Psychological injury alone is generally not compensable under the Convention. However, where a recognised psychological condition results from a physical injury sustained during the incident, compensation may form part of the overall claim.
Because these claims are legally complex, obtaining legal advice is recommended.
What Should You Do After an Airline Injury?
If you have been injured during a flight, there are several steps you can take to protect your rights.
Where possible:
- Report the incident to airline staff.
- Seek medical treatment as soon as possible and explain how you were injured.
- Take photos of the scene, if possible, and your injuries.
- Collect the names and contact details of any witnesses.
- Keep copies of medical records and receipts.
- Contact an experienced airline injury lawyer for advice.
Taking these steps may assist if you later decide to pursue a compensation claim.
How can Evolve Legal help with a Queensland Airline Injury Claim?
Evolve Legal assists with airline injury compensation claims involving flights departing from, arriving in or travelling within Queensland
Our experienced personal injury lawyers have acted for people who have suffered injuries in a wide range of transport-related accidents and are committed to helping clients understand their legal rights from the outset.
When you contact our team, we will explain:
- whether you may have a claim
- the laws that may apply to your circumstances
- what compensation may be available
- what evidence may assist your claim
- what to expect throughout the claims process
We pride ourselves on providing practical legal advice in clear, straightforward language while supporting our clients throughout every stage of their matter.
If you were injured on a flight departing from, arriving in or travelling within Queensland, contact Evolve Legal for a free initial claims check.
Frequently Asked Questions
CAN I CLAIM COMPENSATION IF TURBULENCE INJURED ME?
Possibly. You may be entitled to compensation if turbulence caused you to suffer a physical injury on a flight departing from, arriving in or travelling within Queensland. Your entitlement will depend on the circumstances and the law applying to the flight.
CAN I CLAIM IF LUGGAGE FELL FROM THE OVERHEAD LOCKER?
Potentially. Injuries caused by falling luggage may give rise to a compensation claim where the legal requirements are satisfied.
CAN I CLAIM IF I SLIPPED WHILE BOARDING A PLANE?
Yes, potentially. Compensation may be available if you were injured while boarding or disembarking from an aircraft in Queensland. Whether you have a claim will depend on where and how the incident occurred.
CAN I CLAIM IF I WAS BURNED BY A HOT DRINK ON A FLIGHT?
Possibly. You may be entitled to compensation if hot food or a drink caused you to suffer a physical injury on a flight departing from, arriving in, or travelling within Queensland.
WHAT IF I WAS INJURED DURING AN EMERGENCY LANDING?
If you suffered a physical injury during an emergency landing, you may have grounds to claim compensation depending on the circumstances.
WHO PAYS THE COMPENSATION?
In many cases, compensation is paid by the airline’s insurer rather than directly by the airline.
Depending on your circumstances, other insurance policies, such as travel insurance, may also be relevant.
HOW DO I KNOW IF I HAVE A CLAIM?
The best way to find out is to obtain legal advice.
Our team offers a free initial claims check and can assess your circumstances, explain your legal rights, and advise whether you may have a claim.
HOW LONG DO I HAVE TO MAKE A CLAIM?
Strict limitation periods apply to airline injury compensation claims.
The applicable time limit depends on the circumstances of your matter and whether domestic or international law applies.
Seeking legal advice as soon as possible is recommended.
Contact us today.
HOW MUCH COMPENSATION COULD I RECEIVE?
Every claim is different.
The amount of compensation depends on factors including the nature of your injuries, your financial losses, your treatment needs and the legislation governing your claim.
WILL MY CLAIM GO TO COURT?
Not necessarily.
Many compensation claims resolve through negotiation without proceeding to a final court hearing. However, every matter is different.
DO I NEED A LAWYER TO MAKE AN AIRLINE INJURY CLAIM?
While you are not legally required to engage a lawyer, airline injury claims often involve complex legislation and strict limitation periods.
Obtaining legal advice can help you understand your rights and the options available to you.
Contact us today and speak with a member of our team.
Get in Touch
WHY CHOOSE US
Quality Assurance
Evolve Legal is 100% backed by the prestigious commercial law firm, Ramsden Lawyers. All documents are subject to strict quality control from our experienced, injury lawyers.
Free Consultation
Our team of personal injury lawyers, located in the Gold Coast, Brisbane and Sydney offer a free 30 minute consultation, whereby we are able to understand your case, and create an action plan based off your individual needs.