Tortious claim 5 years (from the date that the party that suffered the harm became aware of the damage and the identity of the person causing the damage)
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages: Capitalisation method used to calculate the present value of future loss of income up to the legal retirement age. Deduction of between 15 and 50% for the deceased's personal sustenance depending on the number and age of the children.
Moral damages: Spouse and each child could claim €15,000, so c. USD53,000 in total.
Total: c
Non-aviation
As for aviation accidents save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party usually pays a fixed proportion of the winning party's lawyers' fees depending on the level of compensation awarded in the judgment). The judge can increase or decrease the amount by taking into account factors such as the financial capacity of the losing party or the complexity of the case.
Interest Rates
Compensatory interest can be claimed from date of the accident. The rate is determined by the judge (usually the legal interest rate). Court may also award judicial interest, at the earliest from the beginning of the proceedings until full payment. Legal interest rate usually applies (2% in 2018).
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Material damages:Wife and children each have a loss of support claim to maintain the standard of living that they had. Life insurance proceeds may be deducted from any award. Amount recoverable by the children will depend on whether they were expected to go to University, in which case the period for which they can claim is considerably longer than if they could reasonably have been expected to start working at 18 or shortly thereafter.
Nervous shock damages can also be claimed.
Moral damages: Can be claimed for personal injury. Statutory bereavement damages available for accidents after 1 January 2019. Fixed compensation ranges from € 12,500 to €20,000 for each bereaved party. Court has discretion to limit the amount claimed.
Total: Depending on the circumstances, in the range of EUR 250,000 to 600,000 (c. USD 294,000 to 705,000)
Non-aviation
Same as above
Punitive Damages
Not awarded
Litigation Costs
The losing party will be ordered to pay costs to the winning party, including a court fee ranging from EUR 200 to EUR 6,000. However the losing party will only be ordered to compensate a liquidated amount in relation to the winning party's legal costs, typically only a fraction of the actual costs incurred.
Interest Rates
Interest is awarded at 2% per annum. Interest on a personal injury claim starts to accrue from the date of the accident. .
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Material damages:
Spouse: USD 276.480
Children: c.USD 225 per month for each child until 18th birthday (based on standard child support rate)
Danish Liability for Damages Act: USD 27,378 to cover immediate expenses (e.g. funeral costs)
Moral damages: none
Total:c.USD 365,958 NB subject to limits set out in Danish Aviation Act (per Convention Limits)
Non-aviation
As for aviation accidents but limits under Danish Aviation Act do not apply
Punitive Damages
Not awarded.
Litigation Costs
Generally the losing party pays the winning party's costs but the Court has discretion to allocate costs differently depending on the circumstances. Lawyers' fees are recoverable based on standard rates which are often significantly lower than actual rates.
Interest Rates
Interest may be awarded at the Danish National Bank's minimum lending rate (currently 0.05%) plus 8%. Interest accrues from the due date of the payment.
Interest accrues from the due date of the payment.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Material damages:c.USD 1.5-1.75 million for loss of dependency of wife and children plus reasonable funeral expenses (c.USD 1,500 – USD 15,000).
Moral damages:c.USD 16,910 for bereavement is recoverable by the widow.
Total:c.USD 1.52-1.78 million
Private insurance taken out by the deceased cannot be offset against damages to reduce the amount payable by the defendant.
Subject to Convention limits where applicable.
Non-aviation
As for aviation accidents save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Unsuccessful party pays successful party's costs. Reasonable lawyers' fees recoverable (generally 60-70% of amount claimed).
Interest Rates
For fatal accidents, interest recoverable on pre-trial financial losses for period from date of death to date of trial at 0.25-0.5% p.a. (currently).
Interest recoverable on non-financial losses, such as pain, suffering and loss of amenity, from the date of service of proceedings to the date of trial, is currently at 2%.
Once judgment given, sum awarded carries interest at current rate of 8% p.a.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
No set tariff. Each case looked at on its own merits and quantum of damages is a matter for the judge (or jury if the claimants are allowed a jury trial). Assuming that the example deceased died instantly, and had a close relationship with his relatives, a review of recent awards suggests the following ranges:
Material damages:
Claims by spouses or civil/life partners and/or children based on a rebuttable assumption that 75% of the deceased’s future income net of tax would have been available to support relatives unless this would yield a manifestly and materially unfair result. Other claimants must prove their actual losses. In the example scenario that would equate to $6,000 per month until retirement, assuming the $8,000 is net of tax. Multipliers and multiplicands would be subject to further adjustment: downwards per approved actuarial tables to take account of statistical mortality rates and contingencies other than mortality; and upwards where there was evidence supportive of career progression. Assuming retirement at 67, a range of USD2,250,000 to 2,450,000 can be projected.
Compensation may also be awarded for reasonable funeral expenses, and to compensate particular relatives for the inability of the deceased to provide gratuitous personal services to them.
Awards may be lower if the relationship was dysfunctional. Adult children will generally receive lower awards for loss of a parent than young children. Awards may be lower if the deceased had a shorter life expectancy.
Moral damages for bereavement: May be claimed by a wide group of relatives: spouse/civil/life partners; parents; children; siblings; grandparents; grandchildren.
• Spouse or civil/life partner: £100,000 to £120,000.
• Parents: £80,000 to £100,000 each.
• Young children: £50,000 to £80,000 each.
• Siblings: £25,000 to £35,000 each.
If we assume that in addition to his spouse and two young children, the deceased had two surviving parents and two siblings of similar age, a total range of £410,000 to £550,000 (c. USD 534,000 to 716,000) can be projected.
Non-aviation
As for aviation except that the Convention strict liabilities and limits do not apply.
Punitive Damages
No
Litigation Costs
“Judicial expenses” are generally recoverable by successful party from unsuccessful party, subject to the ultimate discretion of the court. Judicial expenses are awarded on a statutory scale and are generally estimated to allow recovery of around 40% to 60% of actual legal costs.
Interest Rates
Current statutory interest rate of 8% per annum from date of judgment. Interest for period from the date of injury to date of judgment is at the court’s discretion.
Interest may be awarded at the full rate on out-of-pocket expenses from date incurred. Modified interest (often at 4%, being half of the judgment rate) may also be awarded to relatives for that proportion of their bereavement and loss of support awards that the court allocates to the period from the date of injury to the date of judgment.
Final appellate levelAround one further year for an appeal to the principal appeal court, or longer if a further appeal is permitted to the UK Supreme Court on an arguable point of law of general public importance.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Subject always to the actual and sufficient need of maintenance in case, material damages would amount to USD 5,600 per month until the 8-year-old child reaches maturity; from there on USD 5,200 per month until the 5-year-old child reaches maturity; and from there on USD 4,800 for the surviving spouse calculated for 20 years until the estimated retirement age of 65 of the deceased spouse, should she not have been able to work or accrue any income in the future. These represent theoretical maximum amounts and do not take into account any other state and insurance benefits, such as pension benefits. The law does not support the situation that due to the death of a high-earner his spouse would be entitled to a substantial amount of maintenance compensation for the rest of her life. Usually damages are awarded payable in instalments and can be revised subject to changed circumstances.
Moral damages: If the accident was caused deliberately or by gross negligence damages for the anguish arising from the death can be awarded as a lump sum, under the circumstances if reasonable, c.USD 3,660 – c.USD 18,300 on current rates (€3,000 – €15,000) for parent’s death and c.USD 3,660 – c.USD 13,420 (€3,000 – €11,000) for spouse’s death.
Non-aviation
As for aviation accidents save that Convention limits do not apply
Punitive Damages
Not awarded
Litigation Costs
Losing party usually pays winning party's costs. Only reasonable and necessary legal costs are recoverable.
Interest Rates
Penalty interest is the official reference rate for each half year period (at the moment 0%) plus 7% p.a.
Penalty interest usually starts to accrue 30 days from when the claim is presented, and at the latest, from the date on which a summons was served on the defendant.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Material damages:From USD 1,100,000 to c.USD 1,700,000
depending on at what age the deceased would have retired, how much of his salary he usually spent on himself and the age at which his children would likely cease to be financially dependent upon him.
Where the death occurs during work-related travel, social security (and sometimes private insurance) payments may be deducted from the total material damages payable to the relatives.
Moral damages: From c.USD 105,000 to c.USD 180,000 (at Court's discretion and depending on relationships/circumstances)
Total:c.US$1,205,000 to c.US$1,880,000, subject to Convention limits where applicable.
Non-aviation
As for aviation claims save that Convention limits do not apply
Punitive Damages
Not awarded
Litigation Costs
Losing party pays Court costs and winning party's legal costs (ultimately up to the Court to decide the appropriate amount).
Interest Rates
Legal interest starts to accrue from the date of the judgment at the statutory interest rate (currently 3.6% for payments to be made to a professional claimant and 0.88% for payments to a nonprofessional claimant)
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month gross
Aviation
Material damages: c.USD 780,000 (loss of dependency, funeral expenses and pre-death pain and suffering).
Moral damages: Only recoverable if evidence proves that a close relative suffered considerably more than usual. In such situations, the maximum amount recoverable is c. USD 26,500 per relative on current rates.
Total: c.USD 806,500 Subject to Convention limits where applicable.
Non-aviation
As for aviation claims save that Convention limits do not apply
Punitive Damages
Not awarded
Litigation Costs
Losing party pays winning party's court fees and lawyers' fees. Lawyers' fees are capped by the German Official Regulation for Fees depending on the amount of the claim.
Interest Rates
Legal interest starts to accrue from the date of the accident at the rate of 5% above base rate (currently -0.88%).
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:
Spouse: c. USD 216.000
Child 1 (5 years old): c. USD 312,000 to c.USD 432,000
Child 2 (8 years old): c. USD 240,000 to c.USD 360,000 (depending on whether the children continue in full-time education)
Compensation payable either monthly or as a lump sum payment not more than three years in advance.
Funeral costs: c. USD 260
Moral Damages:
Awarded at the discretion of the court. Within the range USD 5,000 to USD 18,000 awarded separately to the widow and each child.
Total: c. USD 783,260 – c.USD 1,062,260
Non-aviation
As for aviation claims save that Convention limits do not apply.
Punitive Damages
Not awarded.
Litigation Costs
Losing party generally pays winning party's costs. If the claim has been upheld partially the costs are apportioned between the parties in proportion to the amount of their satisfied asserted claims.
The paying party may lodge a petition asking for costs to be reduced on proportionality grounds. The proportionality of the costs is determined taking into account: - the complexity of the case and work performed
- time spent by the lawyer
- volume of services rendered
- amount claimed and (or) significance of a case for the party, including the public interest in the case
Interest Rates
Ukrainian law does not provide for interest on monetary judgments.
1st Instance judgment6-36 months (though may be longer depending on the complexity of the case). Certain categories of case may take 5 to 7 years to be heard.
As for aviation claims save that Convention limits do not apply
Punitive Damages
In personal injury actions not arising out of the MC99, aggravated damages may be awarded as additional compensation in recognition of exceptional features which add to or exacerbate the injury. Exemplary damages may be awarded to punish the Defendant.
Litigation Costs
Losing party pays winning party’s costs subject to taxation i.e. not 100% recoverable
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages: Court will consider all evidence for material damages. (Art 928 of the Greek Civil Code).
Moral damages: Moral damages are in the Court's sole discretion and if awarded, are by way of lump sum. All the evidence is considered. (Art 932 of the Greek Civil Code).
Limits:
International air carriage: Subject to limits of liability where applicable as set out in the relevant Convention.
Domestic air carriage: Not more than approximately EUR 11,738.81 per passenger. (Art 110 of Greek Aviation Law Code).
Non-aviation
As for aviation cases save that Convention/ Domestic limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party pays winning party’s costs and lawyers’ fees as assessed by the Court. Court will also assess the costs and fees if they are to be shared between the parties.
Interest Rates
Legal interest rate 5.25% with default interest rate higher by 2 percentage points (set by statute and acts of the Governor of the Bank of Greece at regular intervals) applied to damages from date claim first intimated.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:
Quantification of material damages depends on a highly discretionary exercise where the final amount of compensation is calculated on the basis of the circumstances in each particular case.
Child aged 8:c. USD 200,000.
Child aged 5:c. USD 260,000.
Spouse (provided that she has the ability to start working and earning her own income after a period of readjustment): c. USD 300,000.
Calculation has been made based on a probable compensation period of approximately 16 years for the surviving spouse and until the children reach the age of 19. In the above calculation deductions have been made for the parts of the deceased's income that presumably would have been spent by the deceased himself if his death had not occurred.
Deductions made for public/social security payments made to the dependents as a result of the death, any fortune that the spouse acquires as a result of the death, any incomes etc.
Moral damages:
Moral damages only recoverable in the event of gross negligence or intent at management level.
Depending on the factual circumstances and the degree of guilt on the side of the defendant, moral damages are typically appraised to around c.USD 15,500 – c.USD 31,000 to each of the spouse and the children of the deceased.
Convention limits apply.
Non-aviation
As for aviation claims save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party usually pays winning party’s costs, including lawyers' fees, but this is subject to the Court’s discretion
Interest Rates
The default interest rate is currently 8.5% per annum. Interest accrues from 30 days after the date on which the creditor in writing has requested payment from the airline.
Please note, however, that in case of aviation accidents resulting in death or injury for a passenger, the carrier shall immediately, and at the latest within 15 days after the passenger is identified, disburse an advance payment to persons entitled to compensation for the coverage of immediate needs, cf. the Norwegian Aviation Act § 10-22 a. Interest on such advance payment pursuant to § 10-22 a accrues from the due date, meaning the date falling 15 days after the passenger is identified.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:c. €1,390,000 – c. €1,683,000 (c.USD 1,613,000 – c.USD 1,953,000)
Moral damages:c.€ 100,000 – c.€ 170,000 (c.USD 116,000 – c. USD 197,000)
Total:c.USD 1,500,000 – c. USD 2,150,000 Subject to limits of liability set out in relevant Convention where applicable.
Non-aviation
As aviation claims save that Convention limits do not apply.
Punitive Damages
not awarded.
Litigation Costs
Losing party usually pays winning party’s costs. Recoverable lawyers’ fees should not exceed 50% of the total amount of court fees.
Interest Rates
As a general rule interest accrues from the date of accident at the legal rate (currently 4%). However, for damages not yet quantified (e.g. dependency damages) interest shall only accrue from the date in which the tortfeasor is served with a payment demand note from the claimant quantifying the said damages.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages: Court will consider all evidence for damages (i.e. actual calculation of loss of income, funeral expenses and hospital expenses). Material damages can be either submitted as a pension or globally awarded to the dependents.
Moral damages: The courts award such damages depending on the circumstances of each case and the nature of each loss. Consequently, no abstract criteria shall apply for establishing moral damages.
Moral and material damages are subject to the limits of the liability set out in relevant Convention, where applicable.
Non-aviation
Same principles as for aviation claims save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
The general rule is that the losing party shall reimburse to the winning party the litigation costs, following the request of the entitled person. The Courts are entitled to reduce the value of legal fees payable by the losing party.
The lawyer’s fees are subject to judicial discretion. Such fees can be partially/fully recovered, considering each case, particularity.
Interest Rates
The rate of remunerative legal interest is currently 2.25% per year. The penalty legal interest rate is the reference interest of the National Bank of Romania (NBR), 2.25% per year, plus 4 percentage points
Interest starts to accrue from the date when the claimed amount is notified to the defendant or on the date when the action is commenced.
In legal proceedings with a foreign element, when Romanian law is applicable and when payment in foreign currency is stipulated, the legal interest rate is 6% per year.
Warsaw Convention 1929Applied by Courts. Limits of liability usually upheld, but moral damages may be recovered in excess.
Warsaw Hague 1955Applied by Courts. Limits of liability usually upheld, but moral damages may be recovered in excess.
Montreal Convention 1999Entered into force for Russia on August 21, 2017. Court practice on application of this Convention by Russian courts has not been formed yet.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:
Funeral expenses: RUB 2,000,000 (c.USD 35,300) allocated RUB 675 000 or circa USD 12,000 to spouse and each child.
Compensation for loss of breadwinner (under Russian Civil Code):
For the spouse not working and caring for the children until the fourteenth birthday of the younger child, one quarter of the deceased’s income for 9 years = USD 204 000 (after deduction of the compensation of USD 12,000)
For the 5 y.o child: one quarter of the deceased’s income for 9 years plus one third for 4 years = USD 332 000
after deduction of the compensation of USD 12,000 or USD 492 000 if studying full time until age of 23
For the child of 8 y.o.: one quarter of the deceased’s income for 9 years plus one third for one year = USD 236 000 after deduction of the compensation of USD 12,000 or USD 396 000 if studying full time until the age of 23
The shares of the children are subject to increase if the spouse ceases to receive the compensation for the loss of the breadwinner as described above.
The amount of the compensation for the loss of a breadwinner is subject to regular indexation depending on the official cost of living rate. The average amount of income of the deceased is subject to documentary proof.
Moral damages:
RUB 50,000-RUB 1,000,000 (c. USD 880-USD 18,000 )
No established scale of moral damages compensation. Awarded at the court’s discretion.
Total:
c. USD 775,000 −1 145 000
Non-aviation
Rules for personal injury on other modes of transport are the same (unless otherwise provided by international conventions). For accidents that arise out of scope of carriage the same rules for calculation of the compensation for loss of a breadwinner are applied save that compensation of c. USD 35 328 to deceased's estate is not awarded.
Punitive Damages
Not awarded. However, at the discretion of the court, provisions of consumer protection law can be applied and, where the claim is not settled voluntarily, a fine of 50% of the total sum awarded for the death of a person during air carriage can be imposed.
Litigation Costs
Losing party generally pays winning party’s costs. If the claim succeeds in part, the litigation costs are awarded to the plaintiff in proportion to the amount awarded by the Court and to the defendant in proportion to the part of the claim, which was dismissed. The amount of legal costs recoverable by the winning party is a “reasonable amount”. Those lelal costs are considered reasonable which are usually charged for similar services in comparable circumstances.
Interest Rates
Current statutory interest rate is 7.25 %.
Interest may start to accrue from the date on which the carrier should have satisfied the claim.
NB the Federal law no. 67-FZ dd. June 14,2012 “On Obligatory Insurance of Carrier’s Liability towards Passengers” provides for 1% interest rate for failure to pay the compensation totalling RUB 2 025 000 (circa USD 35 769). Under the consumer protection law the fine of 50 % of the sum which was not voluntarily settled can be imposed in respect of the total sum of compensation for death of the person during air carriage.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:c.USD 150,000
Moral damages:c.USD 3,000 and c.USD 3,500.
Total:c.USD 153,000 – USD 153,500
Non-aviation
As for aviation claims save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party generally pays winning party's legal fees and court costs. Lawyers' fees are not usually recoverable in full.
Interest Rates
Default interest rate applied to a debt amount denominated in Serbian dinars is an annual rate and equals the key policy rate of the National Bank of Serbia plus eight percentage points. Default interest rate applied to a debt amount denominated in Euros is an annual rate and equals the key interest rate of the European Central Bank for main refinancing operations plus eight percentage points. Interest accrues from the date of judgment.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Both material and moral damages are included within the limits of liability set out in the relevant Conventions / Laws.
If the local courts decide that limits do not apply (or they apply but it is necessary to quantify the exact amount of the claim), courts usually apply the sliding scale for compensation in traffic accidents (el Baremo). Please note that a new Baremo came into force on 1 January 2016 and significantly increased the amounts to pay.
The relatives could be awarded:
a) If limits are upheld: 100,000 SDRs (Air Navigation Law) / 128,821 SDRs (Montreal Convention).
b) If limits are not upheld and the Baremo is applied: the wife and the children would receive 90,000 Euros each (270,000 Euros in total) as basic compensation.
However this basic compensation would be increased depending on the personal circumstances of the relatives, their material damages and their losses of income (lucrum cessans).
Non-aviation
In relation to road accidents, compensation for death is always paid out in accordance with the Baremo. In relation to deaths resulting from other circumstances, Spanish courts usually also apply the Baremo.
Punitive Damages
Not awarded in Spain.
Litigation Costs
The general rule is that litigation costs are paid by the party who has lost the proceedings. In case of complete success – not partial success – lawyers and proctors’ fees are recoverable 100%.
However, in some cases, litigation costs are paid both by the claimant and by the defendant, according to the judgment.
Interest Rates
usually applied. The applicable interest rates are the legal ones established each year by the Government in the State’s budget law. For 2018 this is 3%.
From the date of the first instance judgment and, until the date of payment, this interest will be increased in two points.
In cases where Insurance companies are ordered to pay damages, Insurance Contract Law provides for special and even higher interests.
As a general rule, interest starts to accrue from the date the lawsuit has been filed. In some cases, only when the plaintiff has made a formal requirement in this respect in the lawsuit, interests may start to accrue from the date of a formal pre-proceedings claim.
1st Instance judgment Difficult to answer precisely. Aviation matters fall within the competence of Commercial Courts, who are quite overworked. The expected length of case will vary from one to two years.
Final appellate level As above: the expected length of case will vary from one to two years.
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages: Depends on actual loss (i.e. actuarial calculation of loss of income). In this particular case, material damages could amount to around USD 500,000
Moral damages: Non-material damages would generally be in the range of USD 30,000 and USD 50,000 for a spouse and USD 25,000 for each child. The courts have a very wide discretion in this respect.
Total:USD580,000 – USD600,000 Subject to Convention limits where applicable.
Non-aviation
As for fatal aviation claims save that Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party generally pays the legal fees of the successful party and court costs. Lawyers' fees in case of success are partly recoverable.
Interest Rates
Currently 5% p.a. Interest starts to accrue from the date when the accident occurred.
Convention claims 2 years NB for domestic carriage 2 year period starts to run from the date that the Aircraft Accident Report is published on the Official Gazette
e.g. death of a 33 y.o. male, married (spouse has no income), 2 children aged 5 and 8 earning USD 8,000 a month
Aviation
Material damages:c.USD 1,000,000 for loss of dependency of wife and children, including approximate reasonable funeral expenses
Moral damages:c.USD 35,000 awarded separately to widow and each child
Total:c.USD 1,105,000 May be subject to Convention limits where applicable.
Non-aviation
Similar to fatal aviation claims, but Convention limits do not apply.
Punitive Damages
Not awarded
Litigation Costs
Losing party generally pays winning party's costs. Lawyers' fees are usually only around 40% recoverable and are awarded based on a Minimum Fee Tariff.
Interest Rates
For non-contractual claims, current legal interest rate is 9% p.a. Interest starts to accrue from date of accident.
Interest starts to accrue as from date of accident.
Welcome to the HFW Interactive Aviation Map: Europe
HFW would like to extend thanks to our correspondents from across Europe who have assisted in the compilation of information contained within this guide.
The team at HFW handles a range of aviation claims, including major and other significant losses, across Europe. Our experience extends across the full spectrum of dispute resolution, as well as regulatory and transactional work in the aviation and aerospace sector.
We have offices across Europe, the Middle East, Asia, Australia and the Americas, and our lawyers work seamlessly together to provide a 24/7 service.