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At Tracey Solicitors LLP we understand that dealing with a significant incident can be challenging. If you or a family member find yourself seeking compensation for an accident where you feel you are not at fault, and you are unsure of the process, here at Tracey’s we are here to guide you on your legal journey, giving you time to recover.Tell Us About Your Case
Your flying experience should be as enjoyable as possible, however there can be times when it isn’t as pleasant as it should be. Instances such as delayed flights, disruptions, and cancellations can hinder any holidays, or work trips that you may have planned.
While rare, unfortunately, serious incidents such as plane accidents, or passengers falling ill while on the flight or at the airport can occur. These events can be distressing and have huge effects on passengers of the plane. These types of accidents usually have little to do with the passenger’s actions. There can be human error at the hands of pilots, traffic control, or engineers, or there can be technical errors involving the aircraft itself.
Air accidents that receive media coverage often involve devastating crashes. Fortunately, such incidents are extremely rare, and the majority of plane accident claims relate to minor injuries.
It is beneficial to note that the incident doesn’t necessarily have to happen while you’re physically on the aeroplane. If any accidents occur while you are in the airport premises and you are not at fault, the responsibility lies with the relevant responsible operator, for example if the incident occurred on the plane the airline would be responsible.
Common incidents can involve:
The above list covers various potential plane related injuries, however if you have experienced any other aeroplane accident/issues not mentioned, you may be entitled to seek legal action, our expert team of personal injury specialists are here to guide you on your legal journey, if you are unsure of whether you are eligible for compensation, please contact us on our website: Tracey Solicitors LLP | Personal Injury Solicitors, Dublin or call us on: 016499900.
As for any other type of injury, that is not your fault, you are entitled to seek compensation for any/all injuries sustained while at the airport or during a flight.
According to the Montreal Convention, the liability limits are established using Special Drawing Rights (SDR), which represent a combination of currency values determined by the International Monetary Fund (IMF). The IMF’s website provides the current value of an SDR in Euro. These liability limits undergo a review every five years. The Montreal convention 1999 ensures that in the event of any injury, or death, an EU airline is obliged to honour any compensation claims without contesting, given it less than 128,821 SDRs.
if the claimed amount exceeds the limitation value, the airline can defend itself by demonstrating that they were not negligent. It is important to note that the airline must maintain adequate insurance coverage to handle such claims.
In the unfortunate circumstance of injury or a fatality, the airline is required to make a payment within 15 days to cover immediate financial needs. In cases of death, the minimum advance payment must be at least 16,000 SDRs. however, this payment does not imply liability and can be deducted from any future compensation.
If you intend to file a claim for loss or damages as a result of an aviation injury or illness, you must do so within two years and one day from the date the plane arrived at its destination or was scheduled to arrive.
Aviation continues to be one of the safest methods of travel, however when accidents do occur, they can be catastrophic.
Those affected by aviation accidents may endure severe injuries, requiring extensive medical care that spans months or even years for a complete recovery. In some cases, the injuries may result in lifelong implications.
Aviation accidents can lead to severe injuries such as
These injuries require extensive medical treatment and may have long-term consequences, impacting victims physically, emotionally, and financially.
The liability for injuries on an aeroplane or in an airport varies depending on location of the incident, for injuries on board the aircraft, typically the airline is responsible, similarly if the accident took place on the airport premises, the airport owners are usually considered liable.
However, there can be some exceptions, for example if you were injured by airline staff during baggage check in the airport, the airline might be accountable for the incident. Determining liability requires identifying the party at fault, by getting in touch with a solicitor it can provide clarity on each individual circumstance.
Victims of plane injuries may be entitled to receive compensation for various damages and expenses resulting from the incident. These compensations can include:
If you – or you are trying to make an aviation claim on behalf of a friend or family member – after seeking medical attention if needed, the next step is to get in touch with an experienced and qualified solicitor. At Tracey’s Solicitors LLP, we can guide you on your legal journey, and ensure you receive the best outcome possible. Our expert team of personal Injury specialists pride themselves on their dedication to client care and are proud of their results to date. To get in touch, please visit: Tracey Solicitors LLP | Personal Injury Solicitors, Dublin or call 01 649 9900.
Following an accident in a public place, there are a number of steps you should follow:
Your health is your wealth and should be your first priority. Immediately after a public place accident, take a second to assess yourself to determine if you have any injuries and seek the relevant medical attention. If you have sustained a serious injury ensure that you contact an ambulance to attend the scene.
For minor injuries, you must remember that minor injuries where you ‘feel fine’ could progress to a more serious injury in the future. In this case it is always better to be safe than sorry and advisable that you go to your nearest accident and emergency (A&E) or local GP to be checked out.
If you have an accident in a public place it is important to report it to the persons who are in charge of the upkeep of property.
Examples of such are:
If possible, try to collect the contact details of anybody that witnessed the accident. This may be of good use if you do decide to pursue a public place accident claim. It is also useful to find out if there is any CCTV in the area where the accident happened.
It is important that you collect all the relevant information in connection with your accident:
If you are considering moving forward with a public place accident claim for any personal injuries sustained it is advisable that you speak with a public place accident claims solicitor as soon as possible. If you are proceeding with a claim, the first step will be submitting your claim to the Injuries Board for assessment. A public place accident solicitor can help you in preparing your application to the Injuries Board and ensure that you follow the process in the correct format, meaning that you can move forward with your claim quickly without unnecessary delays.
It is important to remember to keep copies of any expenses that you have incurred as a result of the accident. It is also imperative to retain copies of medical reports or incident report forms where possible as you will need them when making a claim.
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The statute of limitations are the legal time limits on how long you have to make a claim — these vary depending on the situation. The general rule for most personal injury cases is that the person has two years from the date of the accident or date of knowledge of the accident to make a claim for compensation. Contacting a solicitor to discuss your case will help you in determining how long you have left to make a claim.Learn more about Time Limits
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