To know what exactly you have to do to obtain compensation for your injuries, it is very important to seek professional helicopter accident advice.
Are you eligible?
There are many different types of personal injury claims, ranging from claims relating to workplace accidents to claims resulting from sports and recreational activities. If you have sustained an injury as a result of taking part in a recreational activity, such as going on a helicopter sightseeing tour, chances are that you qualify for recreational injury compensation.
Crash injuries typically eligible for compensation claims include spine, head, brain, eye, and whiplash injuries, along with amputations, lacerations, scarring, and muscle and nerve damage. If a person dies as a result of a helicopter crash, his or her dependants have the right to pursue a compensation claim against the operator organising the tour or against the air carrier responsible for the accident.
A few criteria must be met for an accident to be labelled as a recreational helicopter accident. Firstly, the helicopter must be used for recreational purposes only. Secondly, the helicopter must be involved in a certain type of accident, such as a collision with another object, a fire or an explosion, a crash or sinking. If you suffered the injury before departing – for instance, you slipped and fell on the way to the helicopter – you may also be eligible to claim compensation since the accident took place on the air carrier’s premises.
The air carrier or tour operator has a duty to file a report as soon as he or she finds out that a helicopter was involved in an accident. If you have been the victim of a helicopter crash, you must get a medical report specifying the types of injuries you suffered along with the treatment recommended.
Making your claim
In the UK, the legal time limit for filing a personal injury claim is three years from the date of the accident. However, helicopter accidents are slightly different, as they are covered by separate regulations gathered under the Montreal Convention that requires victims of aircraft accidents to take legal action within two years of the date of the accident. A shorter time limit may seem like a significant disadvantage, but the Convention operates in favour of all aircraft passengers, imposing strict liability on the air carrier.
According to this Convention, the fact that a helicopter accident occurred is often sufficient to file a claim against the carrier, which means that you do not have to prove that a third party was at fault for your accident. If you suffered a serious injury that prevented you from filing the claim within the two-year timeframe, our solicitors at Accident Advice Helpline can help you apply for an extension to the time limit.
Now that you have a better understanding of what to do if you have been involved in a helicopter accident, you should contact our personal injury solicitors who can guide you through the rest of the claim process. Our lawyers will not only offer you professional helicopter accident advice, but also determine whether you have a valid claim.