Help! I had a bad bad accident on an international flight - None take responsibility

[Pushka]

So to clarify - the OP was stepping out of the bathroom when turbulence hit and this sent them flying off their feet, causing the injury?

I think so?

 

[love_the_life]

There was a mention in the press about Slater and Gordon being strapped for cash so maybe one of the other ones? Maurice Blackburn is a big company? Not sure what they are like though.The link from drron should be good. The important thing is to get something moving and onto a lawyer's books before the time runs out..

 

[rock86]

There was a mention in the press about Slater and Gordon being strapped for cash so maybe one of the other ones? Maurice Blackburn is a big company? Not sure what they are like though.The link from drron should be good. The important thing is to get something moving and onto a lawyer's books before the time runs out..

Slater & Gordon recently went through a major restructure after a failed attempt in the UK & not correctly measuring their receivables. 2 class actions later they're still around due to massively diluting their share capital, with lenders taking a fair bit of ownership - someone with more knowledge can correct if I've misrepresented something there.

 

[drron]

So if you google cairns lawyers there are quite a few possibilities.I am presuming from a previous post you are now in cairns.
Here is another for free advice-
Cairns Lawyers | Affordable Solicitors Cairns QLD
More if you have a court case but do say obligation free advice.
Slater and Gordon and Maurice Blackburn both have Cairns offices.

One of the No win firms is a QLD firm.The original partner went on to become attorney General in QLD.They do have an office in Cairns.
Our History - Shine Lawyers

 

[vetrade]

I was thinking Slater and Gordon - or something like that. They may at least give you a consultation free of charge.

Slater and Gordon is a listed company noted for being ambulance chasers. They bought another ambulance chasing legal firm in the UK for far too much and it promptly went belly up because the government over there changed the rules to stop gratuitous personal injury claims that were costing it massive amounts. The result is that S&G's share price is now less than 10% of what it listed for and they are on their knees and desperate for cash flow.

The OP would be wise to look elsewhere given the time constraints she faces. A Cairns law firm may be able to give her preliminary advice but I think it's likely this claim would be outside the level of competence of anything other than a medium to large sized firm - and meanwhile the clock is ticking. She needs a capital city firm with enough resources to expedite her claim

I

 

[jb747]

Was the seat belt sign on?

 

[AviatorInsight]

Was the seat belt sign on?

My exact thoughts too JB. Will be interesting to find out.

 

[love_the_life]

Was the seat belt sign on?

Though it may not have been on when she left her seat. If it was, then different story I would assume.

 

[Denali]

Speculation because we will never know all the info (and have no right to know/none of our business) but as the OP landed and received treatment in Australia, does travel insurance cover the OP if medicare kicks in on arrival/treatment at an aussie hospital? (She said she had public/medicare surgery in Cairns).

If the ambulance chaser lawyers have told you there is no case to win, maybe its time to move on?

All the best to OP.

 

[Pushka]

Speculation because we will never know all the info (and have no right to know/none of our business) but as the OP landed and received treatment in Australia, does travel insurance cover the OP if medicare kicks in on arrival/treatment at an aussie hospital? (She said she had public/medicare surgery in Cairns).

If the ambulance chaser lawyers have told you there is no case to win, maybe its time to move on?

All the best to OP.

That’s correct. Once in Australia the Travel Insurance cover ends. Unless it was an annual policy which covers all kinds of trips. Or their policy was purchased overseas for travel to Australia.

 

[love_the_life]

That’s correct. Once in Australia the Travel Insurance cover ends. Unless it was an annual policy which covers all kinds of trips. Or their policy was purchased overseas for travel to Australia.

Though the policy does cover injury whilst overseas except you may need to report that while actually overseas. It’s in the T &Cs somewhere about making a claim. If surgery was covered up as a public patient, TI won’t be relevant.
Agree with all here who say to get to a lawyer for advice.

 

[vetrade]

"actually it was not a "badly stained wine stain" during air turbulence and yes I am perfectly willing to share full details....."

This reference to air turbulence relates to the wine stain comment so the OP is actually yet to confirm what exactly caused her to fall, whether that be turbulence, wet floor or whatever.
If I had just sustained injuries of the seriousness indicated I don't think my first instinct would be to ask for an accident claim form.............
Seems strange that the cabin crew would apparently be so indifferent to a passenger who had just been injured and merely order her back to her seat
Did the OP happen to have any pre-existing injuries to knee or arm?

"yes I know but lawyers ask a minimum oc $400 per hour and having so many medical expensis an no no win no pay lawyer is interested I guess I have to go thru life being a business class invalid"

So, if lawyers have already been approached / consulted, have they given preliminary advice as to the merits of the OP's claim?

 

[MEL_Traveller]

Was the seat belt sign on?

There could be a lot to unpack on this issue. Contributory negligence can reduce damages under Montreal, in theory, to zero. But there could be a lot to unpack.. if the seat belt sign was on, how long had it been on? Did the crew see the passenger go to the toilet but not immediately order her back to her seat? (ie, did they ‘allow’ the passenger to go). If they allowed the passenger to go, what sort of warning accompanied that? Etc etc.

I wouldn’t let the issue of the seatbelt stop me from going to see a lawyer.

I was thinking about the issue of the crew... perhaps they didn’t want to report an accident on their watch? Especially if they failed to stop the passenger moving about the cabin when the seatbelt sign was on. They may have refused to record the claim for fear of dismissal or other sanction.

Finding the price of a lawyer doesn’t mean a lawyer has considered it, or even provided preliminary advice. The OP might only got as far as ‘how much do you charge?’ Not all lawyers provide a first consult for free.

 

[CMA222]

With the limited information we have the reality is that the refusal of Emirates and the travel insurer is not the end of it. Denial of liability is standard procedure. A claim needs to be initiated in a court within the strict two year time limit and the action will be against both Emirates and the travel insurer who will in time work it out between themselves. Just seeing a lawyer is not enough, the action must have been commenced or the claim is extinguished. I understand lawyer knocking is a national sport but remember if the case has all the necessary merits to proceed, any settlement will involve a contribution towards the costs by the defendants, which is in the interests of the lawyers to maximise.

I wonder if "A Current Affair" would be interested in shaking things up? They are always looking for a cause to pursue.

 

[Claire Wilson]

I was thinking Slater and Gordon - or something like that. They may at least give you a consultation free of charge.

tried them and it is a no but thank you for your suggestion. working on the free legal centre

 

[Nisho]

As we lived in Asia I had to return to take care of our affairs. During my stay I contacted my travel insurance in Malaysia as well EMIRATES.

So, is the travel insurance issued from Malaysia? If so wouldn't Malaysian laws apply?

 

[Claire Wilson]

With the limited information we have the reality is that the refusal of Emirates and the travel insurer is not the end of it. Denial of liability is standard procedure. A claim needs to be initiated in a court within the strict two year time limit and the action will be against both Emirates and the travel insurer who will in time work it out between themselves. Just seeing a lawyer is not enough, the action must have been commenced or the claim is extinguished. I understand lawyer knocking is a national sport but remember if the case has all the necessary merits to proceed, any settlement will involve a contribution towards the costs by the defendants, which is in the interests of the lawyers to maximise.

I wonder if "A Current Affair" would be interested in shaking things up? They are always looking for a cause to pursue.

 

[Claire Wilson]

"current affair"...I know it is a TV station, would that be ABC TV????

 

[Nisho]

"current affair"...I know it is a TV station, would that be ABC TV????

Channel 9 show that focuses on "current events and issues" - usually after 9News (in Brisbane atleast).

 

[Claire Wilson]

So, is the travel insurance issued from Malaysia? If so wouldn't Malaysian laws apply?

Travel Insurer was AXA and they took their time to reply - months actually - and when they had digested all the info incl Xrays they said....not our problem go to airlines - I actually had airline crew on another flight (1st class!) type out on their onboard PC my complaint + received from me a carefully prepared file incl photos...still they refused to reply or acknowledge. looks like they are getting away with murder as at this stage in our lives we have not got the money to pursue an ordinary lawyer , medication etc for my terminally ill husband and my rehabilitation cost simply to much money! but thank you for your kind reply, if you know a lawyer who feels he/she wants to be a good Samaritan, please let me know, thank you again!