compensations for the victims of the air crash
The air crash is one of the most terrible tragedies. For protecting the rights of the passengers, airlines have compulsory civil liability insurance. In the event of the accident the insurance companies pay compensation to each victim. However, the passenger must prove the amount of the damages. In order to receive a full and fair compensation payment, it is advisable to involve the lawyers of DTK Partners.
Compensation for victims of air crashes
In the event of a plane crash, the responsibility for causing the damage lies with the airline (without fail) and with the aircraft manufacturer (if the cause of the accident is a malfunction).
In accordance with the Air Code of the Russian Federation, victims of air crashes are entitled to compensation for moral and material damage. Normative regulation of the situation depending on the type of flight:
- Internal – the procedure for the payment of compensation is established by the Air Code of the Russian Federation, Decree of the Government of the Russian Federation of 2012 No. 1164, and the procedure for compensation for harm – the Civil Code of the Russian Federation.
- External – the procedure for compensation for damage is established by Warsaw and the Montreal Convention.
Russia ratified the Montreal Convention in August 2017. A feature of the payment of compensation is the calculation of compensation in 113,100 SDR (special drawing right).
On domestic flights, relatives of the deceased passengers are entitled to receive:
- Mandatory insurance payment in the amount of 2,000,000 rubles;
- compensation for the cost of baggage and personal belongings (600 rubles per 1 kg of weight, but not more than 11,000 rubles);
- compensation of funereal costs;
- Compensation for the loss of the breadwinner (dependents, parents and children of an able-bodied citizen);
- compensation of moral damages.
Legal Services in connection with air crashes
A qualified lawyer will provide the following services in recovering compensation for victims of a plane crash:
- Provide legal advice regarding the recovery of the compensation;
- help in collecting documents;
- conduct negotiations with an insurance company;
- prepare a settlement agreement with the airline and insurance company;
- represent the interests of the principal in litigation;
- exercise control over the execution of the judgment.
Specialists of DTK Partners will not only represent the interests of one applicant, but will also help in filing a class action lawsuit.
The main reason for involving lawyer is the artificial understatement by airlines of payments in case of damages. Aircraft is a means of increased danger, and the law provides for the obligation of airlines for several types of insurance.
The number of seats on the plane varies from 240 to 403. It is easy to calculate that the payment of compensation to each family negatively affects the company’s budget. Therefore, the amount is specifically underestimated.
Insurance companies are interested in paying meager compensation to save money. The interests of insurers are always represented by qualified lawyers, so it is very important that the relatives of the victims be represented properly. In order to obtain reasonable compensation, it is necessary to prove the extent of the damage caused, consider the possibility of a dispute with airlines in foreign jurisdictions, by filing claims with foreign courts.
Therefore, you need to decide whether you want to receive compensation quickly, but in a small amount, or are ready to wait more time to recover a larger payment.
Assistance of DTK Partners
To receive compensation for the victims of air crashes, it is advisable to contact the DTK Partners. Our lawyers have extensive experience in representing the interests of victims of air crashes both in Russia and abroad.