Hand luggage falls from overhead compartment causing longterm neck injuries.
Passenger injured on domestic flight
Aircraft accident compensation claims arise in routine circumstances. For Jack, he was a passenger on a domestic flight from Sydney to Adelaide for work. He boarded the flight and sat down in his allocated aisle seat. It was a normal day.
During the flight, the passenger directly in front of Jack stood up and opened the overhead locker. Jack was looking at his phone and did not pay much attention.
Jack suddenly felt something hit his head and the back of his neck. It transpired that as the locker opened, a piece of luggage had slipped out and hit Jack.
Jack immediately had a headache and felt nauseous. He called the cabin crew who arranged for him to lie down across three seats at the back of the plane until the flight landed in Adelaide.
Medical treatment
Jack disembarked the plane but did not feel well. He attended the first aid room at Adelaide airport and they advised Jack to go to hospital.
Jack therefore cancelled his work meetings and went to hospital. He had scans and was advised that he had not broken anything, but that he should return home to rest.
Jack was given a fit to fly certificate as long as he could lie down. He returned to the airport and got an early flight home.
Injuries persist
Jack woke up the next morning with severe neck pain and a continuous headache. He saw his GP who arranged an MRI scan. This showed that he had damaged a vertebra in his neck.
Jack continued to struggle with pain. This made it hard for him to sleep and concentrate. His mental health soon began to deteriorate.
Passenger makes aircraft accident compensation claim
As the accident had happened on a work trip, Jack had notified his employer. This led to him being able to claim workers compensation benefits to cover some of his medical treatment and lost wages.
Jack found that alternative therapies like acupuncture and massage therapy greatly helped his pain. Workers compensation stopped paying for these, so he was out of pocket. His weekly wage payments also did not cover his usual earnings, and he felt that the airline should be accountable.
Jack contacted Victoria Roy who advised that as well as his workers compensation claim which he was dealing with himself, Jack had compensation rights against the airline.
Victoria therefore submitted an aircraft accident claim to the airline on Jack’s behalf.
Passenger receives aircraft accident compensation
Victoria arranged for Jack to see a specialist doctor and psychiatrist to prepare reports for his claim. As well as the physical injuries, Jack was diagnosed with suffering from an Adjustment Disorder as a direct result of his injuries.
Victoria advised Jack on the value of his claim, and arranged a settlement meeting with the airline’s lawyers.
Jack successfully settled his claim. The amounts that he had received for his workers compensation claim had to be repaid, but he was still left with a significant sum.
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Real client names and identifying features cannot be published for confidentiality reasons, both to maintain client confidentiality and in accordance with settlement agreements. The above case study is an amalgamation of our founder and principal solicitor Victoria Roy’s previous successful cases and are typical of the expertise of Victory Travel & Cruise Lawyers.
