Aviation Accident Lawyers in Toronto
Even though aircraft accidents are rare, as compared to car accidents, and there is, thankfully, an overall downward trend in the rate of aircraft accidents, those that do occur are very devastating to the passengers and their families and require rigorous investigation.
Request A Free Consultation
Contact Thomson Rogers LLP to arrange a free consultation by completing our online request form, or call 416-868-3100 or toll-free at 1-888-223-0448.
Aviation Accident Frequently Asked Questions
What should I do after being involved in an aviation accident?
You should speak to a lawyer as soon as possible. Aviation accident claims typically involve determining whether an airline or pilot acted the way that a reasonable airline or pilot would act in the circumstances. Answering this question can often involve expert evidence.
Thomson Rogers LLP lawyers have experience succeeding in aviation accident trials. In 2024, our legal team successfully prosecuted a lawsuit, S. v. Ukraine International Airlines JSC, 2024 ONSC 3303, related to the shootdown of Ukraine International Airlines’ flight PS752. Reach out to us at Thomson Rogers LLP for a free consultation.
Can I file a claim for a helicopter or private jet crash?
You can file a claim for a helicopter or private jet crash in Ontario. However, if the claim involves international travel, depending on the circumstances of the accident the claims can be governed by the Montreal Convention or Warsaw Convention, which are incorporated into Canadian law by the Carriage by Air Act, R.S.C. 1985, c. C-26.
If you would like more information, reach out to us at Thomson Rogers LLP for a free consultation.
Who is liable in aviation accident cases in Canada?
Who is liable in an aviation accident depends on the circumstances of the case. Individuals such as pilots can be liable, as well as the airline carriers. A careful investigation of the accident’s circumstances is needed to determine who should be sued.
If you would like more information, reach out to us at Thomson Rogers LLP for a free consultation.
How long do I have to file an aviation injury claim in Ontario?
As with many personal injury claims, subject to certain exceptions, you have two years from the date that the accident occurred to file your aviation claim in Ontario.
What compensation can I expect from an aviation accident lawsuit?
If your case is not governed by the Montreal Convention, you can claim for the type of compensation available in a personal injury lawsuit. These claims include pain and suffering, income loss, treatment expenses paid out of pocket, housekeeping expenses, attendant care expenses, and medical/rehabilitative expenses.
If your claim is governed by the Montreal Convention or Warsaw Convention, you can also claim for similar compensation to what is available in a personal injury lawsuit, though fault does not need to be established against a third party to obtain compensation up to certain monetary thresholds. These conventions have special provisions (rules) which affect the way that a person proves that they are entitled to compensation beyond those thresholds by reversing the onus of proof. For example, these provisions require the carrier to prove that your injuries are not due to the negligence, wrongful act or omission of the carrier, its servants or agents in order to avoid paying compensation beyond certain monetary thresholds.
If you would like more information, reach out to us at Thomson Rogers LLP for a free consultation.