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When most people think of aircraft accidents, they imagine crashes — but in reality, injuries from crashes are among the rarest. More often, injuries happen while boarding, due to falling luggage, or while in transit.
If you’ve been injured in an airport or on a plane, you may have an aircraft accident claim. A successful claim offers compensation for the full impact of the injury on your life: from lost wages and medical expenses to your pain, suffering and loss of enjoyment.
Aircraft accident claims can be complex to prove, with different laws applying depending on where the accident happened. That’s why it’s crucial to speak to an expert lawyer before starting your claim. We understand the specific laws that apply to your case and can explain your rights — completely free of charge.
What accidents can I claim compensation for?
We’ve spent over 25 years helping injured people get compensation after an aircraft accident. In our experience, some of the most common accidents you can claim for include:
Falls in tunnels, jetways, bridges and other airport areas.
Injuries from falling baggage.
Burns from meals or drinks.
Back sprains from faulty seats.
Injuries caused by malfunctioning equipment.
Turbulence-related injuries.
Emergency evacuation accidents.
Collisions between aircraft.
This is not a complete list – just some of the most common injuries we’ve seen over the years. If you’ve been injured on or around an aeroplane, it’s likely you have a claim. To find out whether your specific situation qualifies, simply reach out to us today.
Who can I make a claim against?
Depending on your case, you might be able to file a claim against:
The airline owner.
The airline operator.
The aeroplane or parts manufacturer.
The airport.
The Civil Aviation Safety Authority (CASA) or its international counterpart.
What laws apply to my claim?
The laws that apply to your claim depend on where the accident happened. If you were injured on a commercial international flight, your case falls under the Civil Aviation (Carriers Liability) Act 1959 (Cth). For injuries on a commercial interstate flight, you’re covered by your state legislation. For example, in NSW, it’s the Civil Aviation (Carriers Liability) Act 1967 (NSW).
How to prove your claim
To prove your aircraft accident claim, you’ll need to meet three basic criteria.
To make an aircraft accident claim, you need to have suffered a physical injury, such as a fracture, burn, or sprain.
If your accident happened on a domestic flight, you may be able to claim for a psychological condition that develops as a result of your aircraft accident.
You need to have experienced some kind of loss because of the aircraft accident. This includes medical expenses, lost wages, or pain and suffering.
To make an aircraft accident claim, the injury must have been caused (or mostly caused) by another company or person.
If you’re partly responsible for your injuries, the compensation you receive could be reduced based on your level of fault. This is known as ‘contributory negligence’. For example, if you were told to wear a seatbelt but didn’t, the court may determine you’re 15% responsible for your injuries. They’ll then reduce your compensation accordingly, in this case by 15%.
Airport accident claims are typically based on ‘strict liability’, so you don’t have to prove the airline, airport, or manufacturer was negligent. In personal injury law, ‘negligence’ means a person or orgsanisation acted recklessly or failed to keep you safe.
However, if negligence did cause your injury, you could get a larger payout. That’s why it’s always worth speaking to a lawyer before you start your claim. We’ll help you figure out who’s responsible and make sure you get the full compensation you’re entitled to.
While negligence claims can lead to more compensation, they also require solid evidence linking your injury to something the airline, airport, or manufacturer did (or didn’t do). Your lawyer knows exactly what’s needed and will help gather the right evidence — giving your claim the best shot at success.
How much compensation will I receive?
The compensation you receive will depend on how severe your injury is, where it happened, and whether it happened because of someone else’s negligence. Typically, you can claim compensation for:
Lost income: both past and future, including superannuation.
Care and support: whether from a professional or family and friends. This also includes if you can no longer care for a child or someone who depends on you.
Pain and suffering: the injury’s impact on your physical and mental well-being.
Other costs related to your injury: medical expenses, travel between treatments, and necessary modifications to your home or vehicle.
Under Civil Aviation Safety Authority guidelines, compensation for a domestic flight accident is capped at $925,000; while for international flights, the maximum is $975,000.
The only exception is if the airline, airport or manufacturer was negligent. In this case, your compensation is not capped — depending on your situation, you could receive millions.
Additionally, if your injury prevents you from working, you may be eligible for additional compensation through other claims, such as income protection or Total and Permanent Disability (TPD). As part of our comprehensive service, we’ll find all your additional claims, so you receive the maximum compensation possible for your injuries.
For an estimate of how much you could receive, speak to one of our expert lawyers today.
What should I do if I’m injured in an airport or on a plane?
Report your injury right away, whether that’s to cabin grew on airport staff. They can provide basic assistance and (if you’re in the air) determine whether the flight needs to be diverted. Reporting also ensures you have a formal record of the accident, which is crucial evidence for your future claim.
Before you leave the aircraft or airport, capture photos of your injuries and the area around you. If you didn’t get the chance to do this, don’t worry — we’ll help you build extra evidence to support your claim.
Collect statements from passengers or crew who witnessed the incident. If you didn’t do this at the scene, just provide their contact details and we’ll collect their statements on your behalf.
Seek treatment for all your injuries, no matter how minor they seem. Beyond ensuring your health is taken care of, medical records are a vital way of supporting your claim.
Reach out to an expert lawyer to discuss your situation. They can let you know whether you have a claim, what specific laws apply, and the best strategy for securing maximum compensation.
Do time limits apply to my claim?
A strict two-year time limit applies to all aircraft accident claims, whether it’s domestic or international. Unlike other compensation claims, it’s not possible to apply to the courts for a time limit extension. That’s why it’s crucial to seek legal advice as soon as possible after an accident — your lawyer will ensure you meet all deadlines and protect your right to compensation.
How much will my claim cost?
No cost to you: your aircraft accident claim is covered by our No Win No Fee Guarantee, so there’s nothing to pay unless we win your case.
No upfront costs: unlike other law firms, we cover all upfront costs related to your claim, including expert evidence and medical reports.
Lower legal fees: we usually recover our legal fees from the other party, so you keep more of your total compensation.
90-day risk-free trial: with our 90-day free trial, you can evaluate our work before committing to your claim. Cancel anytime during this period and there's nothing to pay.
While each case is unique, your claim will likely go through the following steps:
Whether you’re in Australia or still overseas, get in touch with us over the phone. In a free consultation, we’ll listen to your story and let you know if you have a claim on the spot.
To build a strong case, we gather everything needed to support your claim. This includes medical reports, photos and videos from the scene, witness statements, and accident investigator reports. This evidence helps us prove how the accident happened and link it to your injuries.
We may arrange an independent medical exam with one of our trusted doctors to assess your injury and how it impacts your life. This helps us calculate your compensation, covering areas like pain and suffering, lost wages, and your ongoing care needs. We handle all upfront costs for the exam and can arrange an interpreter if needed.
This is where our decades of experience come into play. We’ll handle all negotiations during your settlement conference, working hard to secure the highest possible settlement for you. With our experience, it’s likely your claim will be resolved at this point — but if the settlement offer is unfair, we won’t hesitate to take your claim to court.
In fewer than 5% of cases, we end up in court. If that happens, don’t worry — we’ll walk you through every step. With the expertise and financial muscle to take on even the biggest airline insurers, we’ll fight for the maximum compensation you deserve.
Meet the team
Our team use their extensive experience to increase your chances of success. We’ve won many awards for our work, including ‘Compensation Law Firm of the Year 2020 GBM Global Awards.’
You might receive compensation in as little as six months, but most claims are resolved within about 18 months.
The exact length of your claim depends on a few factors, such as how complex it is or whether it happened internationally.
Your claim may also take longer if you’re waiting for your injuries to ‘stabilise’. An injury is considered stable when it’s reached maximum medical improvement and is unlikely to change with time or more treatment.
If an airline offers you compensation for your injury, it’s important to consult a lawyer before accepting. We’ll evaluate your injuries, calculate the full value of your claim, and ensure you’re not short-changed.
In our experience, airlines often make low initial offers that don’t account for the full impact of your injury — physically, emotionally, or financially. Plus, accepting an initial offer usually means waiving your right to make future claims related to the incident.
To prove your aircraft accident claim, you’ll need evidence of your injury and its impact on your life. This may include:
Medical records from your treating doctors.
Incident reports from the airline or airport.
Manufacturer’s records.
Reports from aircraft accident and liability experts.
Witness statements.
Photographic or video evidence of the scene or your injuries.
Flight details, including the airline, flight number, and date.
Payslips (if your injury means you’re unable to work).
Receipts for any medical costs related to your injury.
We understand that gathering this evidence can be time-consuming and expensive, so you don’t have to do it alone. Our expert lawyers have decades of experience in aircraft accident claims and know exactly what evidence you need to prove your case. Using our investigative skills and national network of medical experts, we’ll compile compelling evidence to bolster your claim and give it the best chance of success.
If you lost a loved one in an aircraft accident, you may be entitled to compensation. Generally speaking, there are two types of claims you can make: a compensation to relatives claim and a nervous shock claim.
While the requirements differ slightly between claims, you’ll usually need to meet three criteria:
You’re a close relative of the deceased: the definition varies by state, but this usually includes spouses, de facto partners, parents, stepparents, grandparents, children, stepchildren, grandchildren, siblings, half-siblings, and stepsiblings.
They passed away because of someone else’s negligence: this involves proving that the airline, airport or manufacturer failed to ensure your loved one’s safety and wellbeing, and they died as a direct result.
You’ve suffered as a result of their death: for compensation to relatives claims, you’ll need to show that you’ve lost financial support due to your loved one’s death. For nervous shock claims, you must be diagnosed with a recognised psychological condition (like anxiety, depression or PTSD) as a result of your loved one’s death.
The amount of compensation you receive depends on which type of claim you’re making.
Compensation to relatives claims
This compensation aims to restore your financial stability after losing a loved one. The amount varies based on your case but can cover:
Lost financial support: contributions your loved one made towards daily expenses like rent, bills, groceries, and school fees.
Medical and funeral expenses: costs incurred for medical treatment and funeral arrangements.
Domestic services: compensation for tasks such as childcare, household chores, and other responsibilities the deceased handled. If they had professional skills, you can claim the commercial value of these services.
Nervous shock claims
Depending on how serious your condition is, you could be entitled to compensation for:
Pain and suffering: compensation for the physical and emotional toll of your injury.
Lost income: past and future earnings, including superannuation.
Care and support: help from professionals or loved ones, plus compensation if you can no longer care for someone dependent on you.
Additional costs: medical bills, travel expenses, and modifications to your home or car.
Most travel insurance policies only cover medical expenses while you’re overseas or interstate. This means you won’t get compensation for the full impact of your injuries, such as lost income, pain and suffering, or rehabilitation costs. To receive this more substantial compensation, you’ll need to make an aircraft accident claim.
If your goal is solely medical reimbursement, an aircraft accident claim may not be necessary. However, it’s always a good idea to chat with an expert lawyer before deciding. We can take a look at your case and determine what types of compensation you’re eligible for. This ensures you get the largest possible payout for your injuries.
Importantly, you can file both a travel insurance claim and an accident claim at the same time, and one won’t affect the other.
Monaco made the process easy for me, I wouldn't have succeeded on my own.
My experience with Monaco has been very good. Having commenced my TPD super claim myself, I soon was overwhelmed by the requirements. Although my claim was pretty small compared to others which make headlines, Monaco offered their services on a no win no fee basis.
Monaco made the process easy even though I have an acquired physical and cognitive disability. The communication was excellent throughout the process which only took about 3 months and they delivered a positive result for me. Without their services, expertise and experience I am sure I would not have succeeded on my own. The fee in the end was as expected for a result that will make a big difference. Thank you to Ben, Ginan and all those who assisted me in this first claim.
They took care of every detail, supporting me every step of the way.
The team at Monaco Solicitors are outstanding. I was broken and had no capacity to lodge a claim. My toxic employer had me believe I was worthless. My medical expenses were adding up and I could not access treatment due to the cost. Daniella Dababneh and her team stepped in and nurtured me through the complicated process of lodging my TPD claim.
I felt protected for the first time against my employer. Monaco were there ever step of the way and took care of every detail until the end. Because of the team at Monaco, I am now able to receive the treatment I require, and my family have me slowly coming back to them so I can be a husband and father they deserve. They are more than just a Solicitors firm, they honestly care. With all my heart, thank you.
Today, after only 8 weeks, I got the best news: my claim was successful!
Today I received the best call of my life. It’s finally here, and I couldn’t be happier! I was referred to Monaco solicitors by my sister in law after sustaining work injuries. From the moment I contacted them the whole process was easy and I was always well informed.
Monaco’s have checked in on me on many occasions making sure that I was kept well in the loop during each step.
My TPD claim was lodged 8 weeks ago and today the news I had been waiting for arrived that it had been successful.
I can’t thank the staff at Monaco’s enough for all their expert advice and would highly recommend them to anyone in a heartbeat. The results were above and beyond what I had expected which I solely believe was due to their expertise and experience in this area.
Thank you so much Monaco for making my life that little bit easier.
Monaco's help reduced a 12-month process to just a few months.
My father originally found Monaco online for super claims,. They had discussed with him in great detail the processes and had been kind and very helpful a few years ago. When needing help with my mothers super claim I knew I could trust Monaco again.
Not only have we had weekly updates and a great team of support, it has been an easy process. When busy or unable to process documentation ourselves they have proceeded on our behalf and what could have been a 12 month process has only taken a few months with their constant drive and assistance along the way. Thank you to the team! You have saved me a lot of lost time and it is worth every penny spent when the amount of stress is taken away.
Thank you for accomplishing so much in such a short time.
Great communication, empathy and understanding. My case worker Daniella was a saint, understanding and patient and always passing on any updates in record time.
I was at rest in a very stressful situation, a bad situation. It was made to cope with because of the professionalism displayed at every turn by this super supportive team.
A Massive thank you to Daniella from me personally for all that you were able to accomplish in such a short time. To say I owe you is an understatement.
Good result! We had a complicated claim but they got the job done.
My brothers and I had a complicated claim. I found Ben Ralph to be very helpful, himself and Sally Sutton worked hard for just over a year to get through our claim. They achieved a good result and got the monies paid to myself and my brothers.
Their communication was fantastic, and they would always let us know when they had an update or when they expected an update. If I had a question Ben was always happy to answer to the best of his knowledge and do extra research if he was un-sure. We went with Ben because he specialized in super and feel that he did an awesome job with our claim, I would definitely recommend Ben and his team. He was very professional but also had some empathy and understanding which was nice 🙂
I knew it from the very first phone call: I had found a compassionate law firm.
Monaco Solicitors, I have no hesitation in recommending Daniella Dababneh and her team. After I suffered a serious workplace accident, I was in need of legal help.
From the very first phone call, I was treated with respect and I was always kept in the loop of the status of my claims, Early Release of Super & TPD. Both claims have been successful.
They helped me juggle my injury claim and my mum's full-time care.
I highly recommend Monaco Solicitors. I was claiming PI through my superannuation for workplace injuries. They were doing a no win no fee which was great as I am a carer for my mum and don’t earn much.
Everyone I dealt with were so kind and helpful. They helped me where I was finding things difficult due to caring for my mum. They kept me up to date on what was happening.
Monaco Solicitors are very professional and I would recommend them if you are looking for a good solicitor.
Monaco helped me get much more compensation than I expected.
Monaco Lawyers helped me to receive compensation for an ongoing injury I sustained after I was simply driving home from work and was driven into head on by an incompetent and negligent driver who I believe was texting at the time of the accident.
Monaco Lawyers were keen to help me, understanding and easy to work with. I received more than I thought I would get with the help of one of the Monaco Lawyers who knew exactly what she was doing, and fought on my behalf for a very good outcome.
I continue to have problems with my foot, but I feel I have received justice for something that was completely not my fault.
I can't recommend Monaco enough for their help in securing my future financially.
Monaco Solicitor’s helped me get the best outcome financially for my future after work place injuries left me unable to return to work, my WPI claim was handled by Medea, Jo and Chantel for the main part and although stressful for me at times they always reassured me and kept me up to date throughout the whole process.
Now that my claim is finished I look back and am extremely grateful I had these people to get me a result that exceeded my expectations and has helped set my family’s future up, Monaco also guided me and handled my TPD claims with the same professional attitude and the financial outcome also was above my expectations, I honestly can’t thank or recommend this law firm enough.
Pieta’s claim was rejected by her insurer. We got the decision overturned.
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Mario wins large TPD payout for psychological condition despite strict policy definition
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Aaron tried to claim under a strict insurance policy. Our extra evidence secured his win.
When Aaron suffered a serious psychological injury, he attempted to claim a TPD benefit through his super fund. His policy, however, was very strict. At first glance,...
Juliette secures $700k in just 4 weeks — despite claims her skills were transferrable
Juliette, 44, had to stop working as a regional supervisor due to severe psychiatric and physical illnesses. She suffered from numerous conditions, including short bowel syndrome, an...
13 years after his claim was rejected, we helped Jim overturn his insurer’s decision.
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Expert evidence secures Travis’ TPD payout despite insurer claiming he could return to work
Travis suffered from severe Post-Traumatic Stress Disorder (PTSD) that left him unable to work. He was just 35 years old when he came to us for help...
Sally wins TPD payout despite insurer’s claims of incomplete treatment
At just 42, Sally, a registered nurse, was forced to stop work due to a severe mental health condition. When her insurer claimed she needed to exhaust...
John was bullied to the point of depression. Doctors and insurers insisted he could work again – but we proved them wrong.
After enduring persistent workplace bulling, John developed depression and anxiety. When trying to claim a TPD benefit, he hit a roadblock. John’s policy required him to prove...
After a workplace accident, Alex’s TPD insurer insisted he could return to work. We found a loophole.
When a workplace accident left Alex unable to work, he lodged at TPD claim himself. At this same time, we were assisting Alex with his Workers’ Compensation...
Sarah struggled to get medical support for her claim. Our network of experts helped win her case.
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Tony’s insurer claimed his injuries didn’t qualify as TPD. Our lawyers proved them wrong.
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