Air accidents are often horrific. Such a misfortune left the victims and their families with unbearable traumatic pain, sufferings, emotional distress and loss of companionship, love, care and above all, the irreparable loss of the family members, in many instances.
We deal with high sensitivity and humanistic legalist approach to support the victims and their family members in such a painful situation.
It is the established right of the passengers in the international air carriage to get appropriate due care from the representatives of the Airlines including the crew members. However, due to lack of care, professional service standards, and negligent human factors, psychological factors related with the crew members, most of the time, passengers are fallen prey to their misconducts.
No Upper Limits of Claim
The passengers who have suffered death or bodily injury are subject to unlimited liability which is to be borne by the air carriers’ operators companies, insurances, reinsurance and manufacturers as well, if the cause of accident is the technical defects.
There is no upper limit of compensation due to the monetary and non monetary damages which the victims suffered during the air accidents.
The victims are also subject to the Advance Payments to finance their immediate economic needs and crisis. Such an Advance Payments must be provided by the air operators at the earliest without any ifs and buts.
However, claims arising out of the accidents must be put forwarded before the air operators and insurance companies within the time limitation of two years starting from the date of accident. The cases could be settled through the negotiations, however, litigation is necessary when the victims families are convinced that negotiations would not provide the ultimate solutions. The statutory limitations for bringing the lawsuit against the air carriers is also two year period as per the provision in Montreal Convention and the Warsaw Convention.
One of the most contentious factors in the air accident litigation is the selection of forum. Often the air carriers opt to have the case heard within the jurisdiction of their ease. However, we support the victims to pursue their claims in the most convenient jurisdiction from their perspective. A thorough research is necessary in each case to find out the appropriate jurisdiction to right start the legal pursuit.
In the international realm, the International Civil Aviation Organization (ICAO) provides general rules and mediates international concerns to an extent regarding aviation law.
Since the rate of fatal crash of the civil aviation is increasing day by day due to several human, technical and negligence factors, in order to mitigate it and make the negligent parties liable for accident and to provide moral, emotional and pecuniary compensation and damages to the victim, we are continuously working under the framework agreements including The Montreal Convention, 1999 and The Warsaw 1929 amended by the Hague Protocol.
We have the highly qualified and, dynamic team to support you in the pursuit of recovery of monetary and non monetary damages in the international air crash compensation case.