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  1. #1
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    Compensation for aircrash victims

    Some countries are signed up for a compensation treaty. However what happens if it is proven to be not an accident but mass murder as in the recent crash ?

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    Thailand Expat Pragmatic's Avatar
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    Make your claim out to the 'Criminal Injuries Board'.

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    Belongs in the category of: these things happen...

    Why is it that everyone's always looking for a payout or to be compensated in one form or another? Tragic as it might be.

    It's life.

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    Quote Originally Posted by thaimeme View Post
    Belongs in the category of: these things happen...

    Why is it that everyone's always looking for a payout or to be compensated in one form or another? Tragic as it might be.

    It's life.
    It's perfectly understandable that a family losing its provider should be compensated.
    Or do you think they should have their personal tragedy compounded by possible bankruptcy too ?

    But I was questioning what the situation might be when the passengers were murderd by the airlines employee.

    I purposely have not mentioned the latest air tragedy by name or number so as to avoid it being found in searches.

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    Quote Originally Posted by Bower View Post
    Quote Originally Posted by thaimeme View Post
    Belongs in the category of: these things happen...

    Why is it that everyone's always looking for a payout or to be compensated in one form or another? Tragic as it might be.

    It's life.
    It's perfectly understandable that a family losing its provider should be compensated.
    Or do you think they should have their personal tragedy compounded by possible bankruptcy too ?
    Travel Insurance

    Why would we want a ticket price hike ?

    Only benefit the lawyers

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    Saw a lawyer talking about the different payouts being discussed in the German crash...Americans will be paid highest, followed by the Spanish, and lastly the Germans...Also, age is important, and the amount of money one was making...

    The younger the age, the less the payout, for children...

    Wonder who makes this stuff up...

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    Quote Originally Posted by Bower View Post
    Quote Originally Posted by thaimeme View Post
    Belongs in the category of: these things happen...

    Why is it that everyone's always looking for a payout or to be compensated in one form or another? Tragic as it might be.

    It's life.
    It's perfectly understandable that a family losing its provider should be compensated.
    Or do you think they should have their personal tragedy compounded by possible bankruptcy too ?

    But I was questioning what the situation might be when the passengers were murderd by the airlines employee.

    I purposely have not mentioned the latest air tragedy by name or number so as to avoid it being found in searches.

    Well said. It's just Jeff being a cock, I find the two best responses are to ignore his dribbling, or reply with the three magic words; "Fuck off, Jeff".

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    ^Do you click your heels when saying that?...Like Dorothy in the Wizard of Oz?...

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    Quote Originally Posted by BaitongBoy View Post
    Saw a lawyer talking about the different payouts being discussed in the German crash...Americans will be paid highest, followed by the Spanish, and lastly the Germans...Also, age is important, and the amount of money one was making...

    The younger the age, the less the payout, for children...

    Wonder who makes this stuff up...
    They do...because they can.
    And we blindly accept it.

  10. #10
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    Quote Originally Posted by Bower View Post
    Some countries are signed up for a compensation treaty. However what happens if it is proven to be not an accident but mass murder as in the recent crash ?
    Probably a lawsuit for negligence.

    But it won't be silly numbers like in the US.

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    Class action lawsuit joining all parties under one umbrella against a cast of thousands, starting with Lufthansa, CEO, CFO, Doctors for airline, Psychiatrist, airline training staff, and finally the German Government for not policing their own aviation industry.

    Early mention of 50,000 Euro/per casualty offer from the airlines...

    Surely they are joking...I'm holding out for 2-3 million US dollars...no thanks for the offer of Yuan or Euro's.

    Its the lawyers game now folks.

  12. #12
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    Quote Originally Posted by ltnt
    Early mention of 50,000 Euro/per casualty offer from the airlines
    That is just temporary relief...And a very fine gesture...

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    If this incident is considered murder in one for or another and compensation is deserving or justified, than why not account for innocent victims of wars that might be duly warranted.

    Murder is murder, is it not?

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    Under the Montreal Convention, air carriers are strictly liable for proven damages up to 1131 special drawing rights (SDR) (updated from 1000 on 31 December 2009), a mix of currency values established by the International Monetary Fund (IMF), approximately $1380 per passenger at the time of its ratification by the United States in 2003 (as of September 2014, around $1693).
    Where damages of more than 1131 SDR are sought, the airline may avoid liability by proving that the accident which caused the injury or death was not due to their negligence or was attributable to the negligence of a third party.
    This defence is not available where damages of less than 1131 SDR are sought. The Convention also amended the jurisdictional provisions of Warsaw and now allows the victim or their families to sue foreign carriers where they maintain their principal residence, and requires all air carriers to carry liability insurance.

    The Montreal Convention was brought about mainly to amend liabilities to be paid to families for death or injury whilst on board an aircraft.
    Quote Originally Posted by Butterfly View Post
    let me explain simply 100MB != 1GB RAM

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    Quote Originally Posted by BaitongBoy
    That is just temporary relief...And a very fine gesture...
    A good lawyer would advise clients to turn down the offer of "temporary relief," from the airline company. Later on the airlines will use this gesture to their legal advantage.

    There are no "good," gestures by the airlines in this case. They are completely liable for the accident and the incompetence in allowing this sick mental patient to fly after being advised of his incapacity to do so.

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    Quote Originally Posted by ltnt View Post
    There are no "good," gestures by the airlines in this case. They are completely liable for the accident and the incompetence in allowing this sick mental patient to fly after being advised of his incapacity to do so.
    When were they advised of this ?

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    ^I don't know if any of the surviving families have contacted or been contacted by any legal advisors, but my hunch is they have. It won't take long to figure out that this so called incident is a "gold mine."

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    Nooo.

    You said the airline is liable for allowing someone that they had been advised of having mental condition to still fly the plane.

    When were they advised of this mental condition ?

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    They were advised by their doctor months ago according to the interview of the doctor on the BBC yesterday. As well this guy was set aside for 2 years undergoing treatment according to the BBC report.

    Discussion group member asked what this guy was doing flying a large international aircraft with such low number of actual flight hours in one? Also stated it takes a minimum of 1,000 flight hours to qualify for this aircraft as a co-pilot in the USA. Evidently this nutter's flight hours were seriously below those numbers...which brings into question the qualifications for Euro pilots on large multi-engine jet transport aircraft.

    I can only speculate but if I were a betting man I'd say the airline, the corporation and any other connected agencies will most certainly be brought before the courts for negligence as well possibly a trial for the deaths of 148 passengers.

    I get a sense that you're not thinking along these same lines Fondles?

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    They are dead, and they died in an airplane crash...There is a set amount of money based on set factors...

    Not much different than any other airplane crashes...

    And the money offered as temporary relief will have no bearing on future settlements, saving the fact that it may be deducted from the whole package which would be reasonable...

  21. #21
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    The Merkin class action lawyers are already filling the First Class seats on their way to Germany and Spain.

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    Quote Originally Posted by ltnt View Post
    They were advised by their doctor months ago according to the interview of the doctor on the BBC yesterday. As well this guy was set aside for 2 years undergoing treatment according to the BBC report.

    Only thing I can find online from the BBC is

    "Mr Lubitz's employers have confirmed that his training was interrupted for several months six years ago.
    But they have not said why. Carsten Spohr - the head of Lufthansa, the German carrier that owns Germanwings - said on Thursday that Mr Lubitz was only able to resume training after his suitability was "re-established".
    "He passed all the subsequent tests and checks with flying colours," Mr Spohr was quoted as saying.
    "

    Quote Originally Posted by ltnt View Post
    Discussion group member asked what this guy was doing flying a large international aircraft with such low number of actual flight hours in one? Also stated it takes a minimum of 1,000 flight hours to qualify for this aircraft as a co-pilot in the USA. Evidently this nutter's flight hours were seriously below those numbers...which brings into question the qualifications for Euro pilots on large multi-engine jet transport aircraft.
    Pay to fly possibly ?

    Not sure what the US regulation have to do with Eurpoe.

    Quote Originally Posted by ltnt View Post

    I get a sense that you're not thinking along these same lines Fondles?
    Your senses are correct.

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    Low qualifications for pilots hours in the EU.

    There's more coming Fondles, try the NY Times web site....

    There is no limitation on amount of award to survivors families that I know of anywhere other than the site you posted, but even there there's a catch 22 that opens this door to larger settlements.

    Lawyers will be backed up in Frankfurt for the next 20 years on this case...

    www.bbc.com/news/business-32088212

    Post by bbc pretty much assures that compensation will be in excess of the so called legal amounts, as well stipulates that Lufthansa will not likely object to any and all claims and compensation either asked for or awarded by courts. London's lawyers are mum on this subject it appears according to the bbc.
    Last edited by ltnt; 29-03-2015 at 03:36 PM.

  24. #24
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    Quote Originally Posted by ltnt View Post
    ^I don't know if any of the surviving families have contacted or been contacted by any legal advisors, but my hunch is they have. It won't take long to figure out that this so called incident is a "gold mine."
    Of course.
    As long as there are deep pockets and some entity to be at fault.

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