Question 1

Do I have a claim?

Accepted Answer

If you’ve been injured in an aircraft accident or it caused the passing of a relative, it’s important you ask for help from a legal expert.

Aviation law can be a tricky area so you need someone with the right type of experience. Our team has worked on many international accidents around the world and we’ll explain it all to you without all the mumbo jumbo.

After an aircraft accident there will usually be an investigation by the aviation safety body to work out who is at fault. This is when we’ll know how to move your claim forward as quickly as possible. We’re easy to work with and will make sure you always understand what’s going on and what happens next.

Question 2

Who pays compensation?

Accepted Answer

Depending on the facts of the situation, you may be able to claim compensation from the operator of the aircraft in the accident or other parties such as:

The aircraft maintenance engineer

An airport corporation

The statutory regulator, such as the Civil Aviation Safety Authority (CASA)

The aircraft manufacturer

The aircraft component manufacturer

Question 3

What can I claim?

Accepted Answer

You can claim for your immediate and future pain and suffering as well as income loss you have now, and will have in future. It all depends on what your injuries are so we’ll be able to give you a better idea once we talk to you about exactly what happened.

Benefits often available for you to claim include

Medical expenses

Lost income

Impairment benefits

Death and dependency benefits

Question 4

How much can I claim?

Accepted Answer

How much money you will receive really depends on the extent of your injuries. It is also affected by factors like your age, amount of lost earnings, care you need now and in the future, out-of-pocket expenses and possible future expenses such as surgery.

It’s once your injuries have stablilsed that we’ll have a better idea of what you can claim. We’ll start by getting expert medical evidence to work out how your work and life are likely to be impacted.

If the aircraft accident caused the passing of a relative, the amount will depend on a number of things such as relevant international conventions (if any), if the claim is being pursued in Australia or overseas, and if there is a faulty product involved in the claim.

Question 5

What are the time limits?

Accepted Answer

The time limit to lodge a claim is two years from the aircraft accident in Australia. It’s still best to lodge as soon as possible, preferably within 12 months.

International legislation varies so we’ll need to look at this depending on what country is involved. You can leave all of this up to us and if we need to start legal action in another country we can manage all this for you as well.

Question 6

How long will it take?

Accepted Answer

It’s important to ask for legal help as soon as possible after an injury from an aircraft accident. Time is of the essence so you don’t want to leave it to long and miss your opportunity to receive the right compensation.

How long your claim will take depends on your injuries - how complicated they are and the treatment you’re likely to need.

Question 7

How much will it cost?

Accepted Answer

Shine Lawyers work on a No win no fee\* basis so you’ll only pay our fee if you win your case at the end of the claim.

We are open and honest about what we charge because the last thing you want to stress about is money.

The amount of legal costs at the end will depend on the amount of work required to resolve your claim. This is all recorded on an ongoing basis and you can ask for an update on how things are looking at any time.

\*Conditions apply

Question 8

Has Shine Lawyers acted for clients in Australia?

Accepted Answer

Yes. Shine Lawyers have acted for many people across Australia and internationally on a range of high profile cases.

The below list are just some of the cases we have worked on under Australian Law:

1\. Beechcraft King Air Crash Victoria Australia 1974.

This King Air crashed killing all four passengers and crew. Mr Nunan acted for the operator of this aircraft in this crash.

2\. Agricultural Aircraft Crash North Queensland 1993.

The pilot of this aircraft clipped an irrigation spray and crashed whilst spraying fruit trees in North Queensland. Mr Nunan acted for the pilot in an action against his employer, the operator of the agricultural aircraft.

3\. Robinson R22 Helicopter Crash near Alice Springs, Central Australia June 1994.

Whilst returning to Alice Springs in the Northern Territory, Australia, the pilot of this R22 experienced a bearing failure resulting in the crash of the helicopter. Mr Nunan is acting for the pilot who received serious spinal injuries as a result of this crash and this claim was be heard in the Queensland Supreme Court in March 2010 with a judgment in favour of the plaintif in teh sum of $1.7M. This case is now on appeal.

4\. Bell 206 Jet Ranger Crash Pacific Ocean Gladstone, Queensland, Australia 28.07.93

During a charter flight from Gladstone to an offshore island, this Jet Ranger suffered a compressor failure. Despite valiant attempts by the pilot, the helicopter crashed into the sea. Mr Nunan is acting for the widow and children of the pilot who was killed in this crash.

5\. TS-2000 Sting Carbon Crash, Jandakot Airport, Perth, Western Australia 22.02.02

Whilst returning to Jandakot airport after a routine flight, the T-2000 Sting came into collision with a Cessna 172 just before landing. The C172 was behind the Sting in the landing pattern and due to the relative speed difference of the two aircraft, the collision occurred. Luckily, there were no major injuries to either pilot. Mr Nunan acted on behalf of the owner and importer of the Sting and the matter was settled out of court.

6\. Royal Australian Air Force (RAAF) Board of Inquiry into F111 Fuel Tanks

Mr Nunan, in his capacity as a Lieutenant Colonel in the Australian Army Legal Corps (Reserve) was appointed as Counsel assisting the RAAF Board of Inquiry into the F111 Deseal/Reseal program of F1 11 fuel tanks conducted by the RAAF between 1974 and 2000. LTCOL Nunan headed the medical program that was required to investigate and report on the medical complaints of RAAF personnel involved in the program. Over 700 RAAF personnel were involved in the program with many reporting health problems associated with the chemicals used in the Deseal/Reseal program. The Board of Inquiry commenced its sittings in Brisbane in late February 2001 and handed down its comprehensive findings in September 2001. LTCOL Nunan’s team of medical professionals were tasked to investigate all medical information and evidence and then prepared a report for presentation to the Board.

7\. Transair Fairchild Industries Metroliner VH-TFU Crash Iron Range National Park Lockhart River, North Queensland 7 May 2005

A Fairchild Industries Inc Metroliner CA 227-DC was descending to land at Lockhart River carrying two pilots and thirteen passengers crashed into mountainous terrain north east of Lockhart River. (See International Cases #16) Mr Nunan acts for five families in respect of claims made pursuant to the Civil Aviation (Carriers Liability) Act (Queensland). These claims went to trial before Justice Henry of the Supreme Court in Cairns over a six-day period commencing 12 June 2012. Justice Henry has adjourned the trial to consider his decision. It is expected that Justice Henry will hand down his decision some time in August of 2012.

Question 9

How can I find out more about Shine Lawyers?

Accepted Answer

Shine Lawyers are expert aviation lawyers that can help you get the compensation you need following a plane crash or accident. Click on the link below for more information about how Shine Lawyers can help you.

Why you should choose Shine Lawyers to handle your aviation claim

Hear from some of our clients

History of Shine Lawyers

The Shine Lawyers team

Shine Lawyers also have accredited specialists in personal injury law across the nation:

Question 10

Is there an Aviation law expert in my area?

Accepted Answer

Where you are located isn't necessarily a barrier when it comes to obtaining the services of a lawyer. We're experts when it comes to Aviation related claims and we can help you get the compensation you deserve.

It doesn't matter if you are located close or far away from a Shine Lawyers office - we will always provide the same, expert advice and manage your claim with the same level of quality and commitment.

Our compensation experts are in the following locations:

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