Aircraft Accident Claims

What is the time limit for filing an aviation accident claim?

Under the Montreal Convention, you generally have 2 years from the date of the flight's arrival (or scheduled arrival) to file a claim for damages.

Does Georgian law follow international conventions?

Yes, Georgia is a signatory to the Montreal Convention, which governs liability for international carriage by air, ensuring alignment with global standards.

Can I claim for psychological trauma?

Claiming for pure psychological trauma without physical injury can be complex under the Montreal Convention, but Georgian civil law may offer additional avenues depending on the circumstances.

Who is liable if an accident is caused by a bird strike?

While bird strikes are often considered "extraordinary circumstances," airlines may still be liable if they failed to take reasonable measures to avoid the incident.

Reading Time

3 min

Published

...

Aircraft Accident Claims: Protecting Rights and Compensation

An aircraft accident or incident is a devastating event often accompanied by physical injuries, loss of life, and enormous material damage. Securing fair compensation for victims and their families is a complex and lengthy process requiring deep knowledge of international conventions and local legislation. Aircraft accident claims involve establishing liability against airlines, manufacturers, airports, or other responsible parties.

This service is vital for passengers injured during a flight, as well as for cargo owners whose property was destroyed or damaged. Additionally, airlines and insurance companies themselves require legal assistance to determine the scope of liability. A qualified lawyer helps clients navigate complex bureaucratic mazes, obtain investigation materials, and secure maximum compensation.

What Does Aircraft Accident Claims Service Cover?

Legal services in this category focus on damage recovery and establishing the truth. Specific services include:

  • Compensation Claims: Demanding compensation for bodily injury, death, or cargo loss based on the Montreal Convention and local laws.
  • Insurance Disputes: Negotiating with insurance companies for full and timely payouts.
  • Participation in Accident Investigation: Representing the client's interests during the official technical inquiry to ensure objectivity.
  • Liability Determination: Identifying who is at fault — the airline (pilot error), the manufacturer (technical defect), or the airport (security failure).
  • International Litigation: Since aviation is global, disputes often need to be pursued in different jurisdictions or international arbitration.

Common Situations and Needs

Legal assistance related to air incidents is relevant in the following scenarios:

  • Turbulence Incident: A passenger suffers bodily injury on board due to severe turbulence and negligence or lack of warning.
  • Cargo Destruction: Expensive commercial cargo is damaged or destroyed due to an air crash or fire.
  • Plane Crash: Family members seek compensation for a relative lost in a plane crash, covering both moral and material damages.
  • Medical Evacuation Dispute: A dispute arises with an insurance company regarding the reimbursement of a medical flight due to health deterioration during travel.
  • Manufacturer Defect: A small aircraft crashes due to a technical malfunction, and the owner sues the aircraft manufacturer.

Georgian Legal Framework

Crucial for aircraft accident claims is the Air Code of Georgia, which defines carrier liability. Georgia is a party to the Montreal Convention, which establishes a strict liability regime for airlines in case of passenger injury or death (up to a certain limit without proving fault). The Civil Code of Georgia (tort obligations and damage compensation) also applies. The investigation of aviation accidents and incidents is conducted under special rules approved by the Government of Georgia, consistent with ICAO Annex 13.

The Process: How a Specialist Works

The process begins with fact-gathering: the lawyer reviews medical reports, expert findings, and the preliminary accident investigation report. Then, a legal strategy is formulated — determining which jurisdiction (country) is best for filing the lawsuit to obtain maximum compensation. The lawyer conducts negotiations with the airline and insurer, as cases are often settled before reaching court. If an agreement cannot be reached, a lawsuit is prepared, where the lawyer defends the victim's rights, citing international precedents and expert testimonies.

Why Use Legal.ge?

Aircraft accident cases require not only legal knowledge but also empathy and experience in battling large corporations. Legal.ge allows you to connect with lawyers who have a successful track record in aviation disputes and damage compensation cases. The specialist chosen on our platform will be your reliable defender during this difficult time, working to restore justice and allowing you to focus on rehabilitation. Find your advocate on Legal.ge.

Updated: ...

Specialists for this service

Loading...