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Qantas Injury Claims
Qantas injury claims
Passengers and crew who receive physical or psychological injuries as a result of an incident on a commercial transport flight are entitled to compensation.
Carter Capner Law has expertise in airline injury claims for injured passengers to obtain compensation in the following recent accidents:
Qantas injuries flight QF30 - 25/07/08 - Hong Kong - Melbourne (diversion to Manila) - in-flight depressurization.
Qantas injuries flight QF72 - 07/10/08 - Singapore - Perth (diversion to Learmonth) - violent nose pitch up/down incidents
Qantas injuries flight QF68 - 22/06/09 - Hong Kong - Perth (over Borneo) - severe turbulence
Warning: passengers’ compensation rights are likely to be adversely affected by signing release documents currently being circulated by Qantas and its representatives.
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Qantas flight QF72
Physically and psychologically injured passengers have valuable compensation rights.
Carter Capner Law will represent passengers in claims for financial loss, general damages, pain and suffering, loss of future earning capacity, provision of family of member assistance, out-of-pocket expenses, loss of enjoyment and refunds of travel costs.
The claims are against Qantas and internationally in relation to component suppliers.
Claimants qualify for compensation with physical injuries or psychological injuries.
Australian ticketed claimants may have the benefit of Montréal convention damages if Qantas has voluntarily adopted the convention limits. Fair compensation can also be achieved by claims against international component suppliers.
Assessment of injuries
Assessment is performed by medical specialists to whom we refer you. This can be conducted anywhere but the medical specialist will require briefing from us as to exactly what is required.
We will arrange medical appointments to have your injuries assessed. We will also get reports from the doctors etc who have already treated you.
Carter Capner Law is conducting Qantas claims on no win no fee terms.
The basis of our service is that an investigator will attend at your home at a mutually convenient time to assist to take full particulars of your injuries and obtain the information we need to formulate the initial stages of your claim.
Read ATSB preliminary report:
http://www.atsb.gov.au/newsroom/2008/release/2008_45.aspx
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QF72 accident history and liability theory analysis
date and time: 1240 on 7 October 2008
aircraft type: Airbus A330-300
route: Singapore to Perth
flight identification: Qantas Flight 72
number of passengers: 303
number of crew: 10
incident altitude: 37,000 ft
position: about 110 nautical miles north of Carnarvon and 80 nautical miles from Learmonth near Exmouth in north-western Australia
initial indicia (airline reported): autopilot disconnected. pilots received electronic centralised aircraft monitoring messages in the cockpit relating to some irregularity with the aircraft's elevator control system.
initial response (airline reported): aircraft departed level flight and climbed approximately 300 ft.
subsequent action (airline reported): aircraft abruptly pitched nose-down and descended 650 ft. After returning to 37,000 ft, the aircraft commenced a second pitch-down of about 400 ft.
alternative explanation: nose pushed down by crew action
injury phase: during nose-down pitch, a number of passengers, cabin crew and loose objects were thrown about the aircraft cabin, primarily in the rear of the aircraft, resulting in a range of injuries to some cabin crew and passengers.
operational decisions: crew made PAN PAN emergency broadcast to air traffic control, advising that they had experienced flight control computer problems and that some people had been injured, and they requested a clearance to divert to and track direct to Learmonth. A few minutes later the crew declared a MAYDAY and advised ATC of multiple injures including broken bones and lacerations.
termination of flight: The aircraft landed at about 1330 local time, about 40 minutes after the start of the event.
serious injuries: 14 people including concussion and broken bones taken by air ambulance to Perth. 30 aprox other people attended Exmouth hospital with possible concussion, lacerations and fractures.
moderate injuries: 30 people with bruises and soft tissue injuries not treated at hospital.
all passengers transported to Perth. Casualty figures subject to further clarification and confirmation.
potentially liable parties: Qantas – carrier; US component manufacturer ( air data inertial reference unit number 1 ); Airbus
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Most passengers will have an entitlement to damages.
Qantas flight QF30
Affected passengers have compensation rights owing to the following liability theory.
This potentially disastrous incident was apparently caused by the midair explosion of an oxygen cylinder aboard a Boeing 747-400 at approximately 29,000 feet. A rapid decompression of the cabin followed and the crew conducted an emergency descent after a section of the fuselage exploded away.
The crew descended the aircraft to 10,000 feet and landed in Manila
The oxygen cylinder was one of 13 in the bank that were responsible for supplying oxygen to the passenger masks and cabin crew on the aircraft.
Investigations are centering on a potentially faulty valve in the cylinder.
A number of passengers have reported that some of the oxygen masks appeared not to function correctly when they deployed from the overhead modules.
Affected passengers' rights include damages for emotional distress against the defective component supplier.
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Qantas flight QF68
Initial information indicates that this was a weather related incident concerning clear air turbulence. If confirmed, injured passengers’ rights may be restricted to compensation against the carrier, Qantas.
Physically and psychologically injured passengers therefore have valuable compensation rights.
Carter Capner Law will represent passengers in claims for financial loss, general damages, pain and suffering, loss of future earning capacity, provision of family of member assistance, out-of-pocket expenses, loss of enjoyment and refunds of travel costs.
Australian ticketed claimants have, since 24 January 2009, the benefit of Montréal convention damages. Campaigning by Carter Capner Law helped prevent further government delay in ratifying the convention.
Under the convention, the airline will be absolutely liable for death or injuries up to $200,000.00 but will also be liable for any proven passenger losses above that sum, unless the airline proves the accident wasn’t its fault.
Most passengers will have an entitlement to damages.
Assessment of injuries
Assessment is performed by medical specialists to whom we refer you. This can be conducted anywhere but the medical specialist will require briefing from us as to exactly what is required.
We will arrange medical appointments to have your injuries assessed. We will also get reports from the doctors etc who treat you.
Carter Capner Law conducts Qantas claims on no win no fee terms.
The basis of our service is that an investigator will attend at your home at a mutually convenient time to assist to take full particulars of your injuries and obtain the information we need to formulate the initial stages of your claim.
Warning: We recommend that passengers do not sign any documents presented to them by Qantas or its representatives concerning refunds, compensation or bonus flights.
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