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

[juddles]

Damn, am falling into what I hate - speculation. But if the OP did suffer from a major accident on EK, why on earth are they looking for advice from AFF almost 2 years later? Have they never sought legal advice? Why get on here????

 

[MEL_Traveller]

Damn, am falling into what I hate - speculation. But if the OP did suffer from a major accident on EK, why on earth are they looking for advice from AFF almost 2 years later? Have they never sought legal advice? Why get on here????

The OP came to AFF to ask advice because they have been unsuccessful with EK or their insurance. They’re running out of time.

I’ve had a very simple issue with EK take 11 months to resolve. Something major could easily take this long.

 

[Claire Wilson]

actually it was not a "badly stained wine stain" during air turbulence and yes I am perfectly willing to share full details however I do take offence to dumb uncalled for remarks from a few community members! I sustained very serious trauma to right side if right knee+right hand and wrist when I stepped out of EMIRATES business class toilet during flight from Kuala Lumpur-Melbourne. I saw every metal surface in pantry! Crew ordered me to my seat. I told them I wanted the form to report accident but they just walked away. Upon disembarking I insisted again to be given the form but crew walked away again. They had a wheelchair waiting for me. I was visiting my terminally ill husband staying in Royal Melbourne Hospital. I went straight to ER. 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. Travel insurer told.me to go to airline and airline told.me to go to insurer. I have send registered letters to both nobody wants to know! Because my husband had to leave transitional care Melbourne I moved him to Cairns where I was put on orthpeadic waiting list. February 27, 2018 I received a total right knee replacement and both surgeon and head of ortho. thought it incomprehensable that I had walked on a completely torn meniscus+shattered r.side if knee. My r.arm+wrist are badly damaged and still not treatef. For those amongst this forum; no I was not drunk as I never have or will drink alcohol nor am I o. drugs.of any.kind so save.your sarcastic remarks for.your own friends! I have asked a civil question I asked for help if.nobody feels the need to reach out don't lower yourself by making uncalled for remarks. I still look for help and I would appreciate the help!

 

[Claire Wilson]

Damn, am falling into what I hate - speculation. But if the OP did suffer from a major accident on EK, why on earth are they looking for advice from AFF almost 2 years later? Have they never sought legal advice? Why get on here????

 

[MEL_Traveller]

Claire, there really is only one avenue to take at this stage, which is finding a lawyer to assist you to lodge your claim in time. That’s critical.

 

[Claire Wilson]

because I have had to wait for replies from travel insurer and airlines. I had to wait for replies from lawyers incl "no win no pay" lawyers. Because I have knocked on every possible door I could think of, that's why it has taken almost 2 years...certainly not.by choice!!!!

 

[Claire Wilson]

Claire, there really is only one avenue to take at this stage, which is finding a lawyer to assist you to lodge your claim in time. That’s critical.

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

 

[Pushka]

because I have had to wait for replies from travel insurer and airlines. I had to wait for replies from lawyers incl "no win no pay" lawyers. Because I have knocked on every possible door I could think of, that's why it has taken almost 2 years...certainly not.by choice!!!!

That sounds awful all around. Did you fall? If located outside the toilet then the crew would have seen it? Why are the lawyers so tardy? Normally they are on to it. Is it because you don’t live in Australia and you aren’t dealing with Aussie lawyers? Did they say why they had a wheelchair for you? That surely is evidence if you didn’t need one at the beginning.

 

[Claire Wilson]

You need to go and see a lawyer who has some knowledge of aviation law.

Accidents on board aircraft are covered by the Montreal Convention, which makes the airline liable up to a prescribed limit. Your lawyer will research the Convention and determine your eligibility, but a physical accident should be covered. You have two years to lodge the claim.

I know that's why my cry for help is so urgent. I have not got that kind of money. Lawyers cost per hour $400 and my medical expenses are high+I look after my terminally husband and his bills are even higher! I'm desperate and now handicapped
l

 

[Claire Wilson]

That sounds awful all around. Did you fall? If located outside the toilet then the crew would have seen it? Why are the lawyers so tardy? Normally they are on to it. Is it because you don’t live in Australia and you aren’t dealing with Aussie lawyers? Did they say why they had a wheelchair for you? That surely is evidence if you didn’t need one at the beginning.

yes I was flung thru the whole business class pantry and the walls are metal, I'm now handicapped with sky high bills. We lived overseas but now in Queensland and my husband is Australian. yes crew saw the accident been told that they don't want any accidents on their watch and travelling alone, in bad bad pain I was a sitting duck

 

[drron]

Claire you will need a lawyer.There are free community legal centres in QLD who could give you advice as to who you could see that won't cost an arm and a leg-excuse the pun.Someone in the profession should be able to give you advice on who are less costly but still effective.
If you have to get one of the larger no win firms.yes they will milk you but you should at least get some satisfaction rather than just give up.
You said you had relocated your husband to Cairns so here is the website of the Cairns centre-
Cairns Community Legal Centre / 07 4031 7688 / 1800 062 608.
As you have found out there are lots of amateur lawyers around here.Forget us and get a real lawyer.

 

[eric2011]

actually it was not a "badly stained wine stain" during air turbulence and yes I am perfectly willing to share full details however I do take offence to dumb uncalled for remarks from a few community members! I sustained very serious trauma to right side if right knee+right hand and wrist when I stepped out of EMIRATES business class toilet during flight from Kuala Lumpur-Melbourne. I saw every metal surface in pantry! Crew ordered me to my seat. I told them I wanted the form to report accident but they just walked away. Upon disembarking I insisted again to be given the form but crew walked away again. They had a wheelchair waiting for me. I was visiting my terminally ill husband staying in Royal Melbourne Hospital. I went straight to ER. 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. Travel insurer told.me to go to airline and airline told.me to go to insurer. I have send registered letters to both nobody wants to know! Because my husband had to leave transitional care Melbourne I moved him to Cairns where I was put on orthpeadic waiting list. February 27, 2018 I received a total right knee replacement and both surgeon and head of ortho. thought it incomprehensable that I had walked on a completely torn meniscus+shattered r.side if knee. My r.arm+wrist are badly damaged and still not treatef. For those amongst this forum; no I was not drunk as I never have or will drink alcohol nor am I o. drugs.of any.kind so save.your sarcastic remarks for.your own friends! I have asked a civil question I asked for help if.nobody feels the need to reach out don't lower yourself by making uncalled for remarks. I still look for help and I would appreciate the help!

With these sort of comments you really want our help,

...I do take offence to dumb uncalled for remarks from a few community members!
...so save.your sarcastic remarks for.your own friends!
...f.nobody feels the need to reach out don't lower yourself by making uncalled for remarks

...during air turbulence and yes I am perfectly willing to share full details. So when do we get "the full details"... So tell us the full details and were you wandering around during a seatbelt on situation. Don't ask for our help but continue to be evasive with the facts

 

[Pushka]

yes I was flung thru the whole business class pantry and the walls are metal, I'm now handicapped with sky high bills. We lived overseas but now in Queensland and my husband is Australian. yes crew saw the accident been told that they don't want any accidents on their watch and travelling alone, in bad bad pain I was a sitting duck

Claire you will need a lawyer.There are free community legal centres in QLD who could give you advice as to who you could see that woint cost an arm and a leg-excuse the pun.Someone in the profession should be able to give you advice on who are less costly but still effective.
If you have to get one of the larger no win firms.yes they will milk you but you should at least get some satisfaction rather than just give up.
You said you had relocated your husband to Cairns so here is the website of the Cairns centre-
Cairns Community Legal Centre / 07 4031 7688 / 1800 062 608.
As you have found out there are lots of amateur lawyers around here.Forget us and get a real lawyer.

Good advice there. Did you hit turbulence to make you fall? Sounds nasty.

 

[Claire Wilson]

Claire you will need a lawyer.There are free community legal centres in QLD who could give you advice as to who you could see that won't cost an arm and a leg-excuse the pun.Someone in the profession should be able to give you advice on who are less costly but still effective.
If you have to get one of the larger no win firms.yes they will milk you but you should at least get some satisfaction rather than just give up.
You said you had relocated your husband to Cairns so here is the website of the Cairns centre-
Cairns Community Legal Centre / 07 4031 7688 / 1800 062 608.
As you have found out there are lots of amateur lawyers around here.Forget us and get a real lawyer.

thank you...I will give that a try, very kind of you to take the time and make the efford to reach out, very much appreciated! As a foreigner married for only 51+ years to an Australian but sadly without any family or friends due to me being here just on 1 year it is extremely hard on me and as my husband is unable to bring if any help life is getting more and more difficult to live. I will keep you posted, thank you again

 

[harvyk]

Claire, don't take too much offence. We see a lot of "one post wonders" who come here, sprout something off, and then disappear never to be seen again. It does make a few of us jaded when we see a woe is me story especially one that is light on details.

Now with that said, don't rely on this forum for legal advice. There are many "IANAL" posts around here, including from your's truly. First step is to discuss your situation with an actual qualified lawyer. Many will do the first meeting and even assess your case for free. They will tell you what your actual position is, and if you do have a case. They would also be able to tell you what actually happens in regards to the 2 year limits since you have already made claims against the airlines / insurance. Time might not be on your side, or you might have more of it than you realise because the airline dragged the chain in their response.

In any case, speak to a lawyer in person and get some facts ASAP.

 

[MEL_Traveller]

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

 

[MEL_Traveller]

With these sort of comments you really want our help,

...I do take offence to dumb uncalled for remarks from a few community members!
...so save.your sarcastic remarks for.your own friends!
...f.nobody feels the need to reach out don't lower yourself by making uncalled for remarks

...during air turbulence and yes I am perfectly willing to share full details. So when do we get "the full details"... So tell us the full details and were you wandering around during a seatbelt on situation. Don't ask for our help but continue to be evasive with the facts

I don't think the observations were entirely unjustified IMO.

The OP explained why there was a delay responding, with some preliminary details on the issue. Of course there's probably a lot more that needs to be explained, but that's something the lawyer will assist with if they will take the case.

 

[Pushka]

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

They were brilliant to us a few years ago but are they still around? They gave us Free advice about a workers compo situation.

 

[MEL_Traveller]

They were brilliant to us a few years ago but are they still around? They gave us Free advice about a workers compo situation.

I saw an advertisement for them the other day. So they must be around, at least in Victoria. But I have no idea if they'd be interested in something like this.

Quite by accident I also came across this website the other day - law firm based in NSW: Australian Travel Law and Leisure Law

Perhaps the OP could approach them as well.

 

[Milboo]

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?