Aviation Lawyers.

If you have been injured in an accident whilst onboard an aircraft, or whilst embarking or disembarking from an aircraft, you may be entitled to make an aviation injury compensation claim. 

The type of compensation claim you make depends on whether your flight was interstate, intrastate (within the same State), international, commercial, or charter. 

For commercial flights, ‘strict liability’ usually applies which means that you do not have to prove negligence - only that you were injured in an accident whilst onboard or getting on/off the aircraft. Generally, the injury must generally be ‘physical or bodily’ and its cause must be an ‘unexpected or unusual event external to the injured passenger’. This type of claim is made against the airline carrier.

Common examples include:

• Accidents while boarding or disembarking an aircraft (falling down stairs, trip and fall accidents, etc).
  
• Injuries caused by turbulence where safety procedures weren’t followed.
  
• Accidents from faulty equipment such as stairs, broken seats,  seatbelts, service trolleys, or overhead lockers.
  
• Burns from spilled hot drinks like boiling water, coffee, tea.Negligence in providing adequate assistance to passengers with mobility needs.
• Falls or accidents in airport terminals due to unsafe conditions.
• Accidents where you were injured by other passengers or airline staff. 

Depending on the type of aviation accident and jurisdiction, injury compensation may cover:

• Medical treatment and rehabilitation – hospital stays, surgery, physiotherapy, palliative treatment,  aids, equipment, and out of pocket expenses.
  
• Loss of income – past and future income loss (including super), and reduced earning capacity.
  
• Pain and suffering – for the physical and emotional toll of the injury.‍
• Past and future care and support – personal care and domestic assistance (eg. cleaning, gardening, property maintenance).

Taking the right steps early can make a big difference to your claim:

• Seek medical attention immediately – even minor injuries should be checked and documented.
  
• Report the incident – notify the airline, airport staff, or operator in writing.
  
• Keep records – boarding passes, tickets, medical reports, and receipts for expenses.
  
• Collect evidence – photos of the scene and injuries, plus witness details if available.
  
• Avoid direct negotiations – airlines and their insurers often try to settle quickly for less, by way of modest “ex gratia” payments without any admission of liability.‍
• Contact Gain Lawyers – we’ll advise you about your entitlements to claim aviation compensation and let you know where you stand.

If you are making an aviation injury claim where ‘strict liability’ applies (eg. commercial flights in certain circumstances/jurisdictions) then you do not have to prove negligence. This means you do not have to blame the airline for being responsible for causing your injuries. 

You will be required to prove the details of your flight, how your aviation accident occurred (including that the accident did occur), the injuries you suffered (as defined within the scope of the legislation), and your resultant losses. 

If you are making an aviation related claim on a ‘public liability’ basis (where ‘strict liability’ does not apply), you will be required to prove:

1. Duty of care – the airline, airport, or operator owed you a responsibility to take reasonable steps to minimise the risk of injury to you as a passenger.
   
2. Breach of duty – they failed to take reasonable steps to prevent foreseeable risks.
   
3. Causation – your injuries were directly caused by their negligence.
4. ‍Quantum - you must prove your injuries and losses with evidence (eg. medical expenses, income loss, pain and suffering).

Most personal injury claims in Australia have a 3 year time limitation. 

However, aviation claims usually have a strict 2 year time limitation which cannot be extended. 

It’s important to seek legal advice as early as possible to protect your entitlements to claim.

Most claims are resolved out-of-court through negotiation with the airline or airport’s insurer. If a fair settlement cannot be reached, court proceedings may be necessary. In Queensland, most injury compensation claims are resolved out-of-court through negotiations between the parties, including at settlement conferences. Gain Lawyers are experienced in both negotiation and litigation to secure the best possible outcome.

Even if you contributed to your accident, you may still be entitled to compensation. Your compensation would be reduced in proportion to your level of fault.

Aviation injury cases are complex, often involving airlines, airport operators, and their insurers across various jurisdictions and legislative schemes/conventions. 

At Gain Lawyers, our Accredited Specialists in Personal Injury Law have the expertise to guide you through the process and fight for the compensation you deserve.

When you work with us, you benefit from:

• Accredited Specialist Lawyers – your case is handled by a QLD Law Society Accredited Specialist in Personal Injury Law.
  
• No upfront costs – you pay nothing to start your claim.
  
• No hidden fees – no surprise charges, no “uplift” fees if we win.
  
• Low fee promise – 20–40% lower than many large personal injury firms.‍
• Direct access to your lawyer – regular updates, answers when you need them, and clear communication.