Legal problems of Asiana Airlines crash victim compensation

  In Asiana Airlines flight 214 at SanFrancico Airport in a plane crash in Chinese passengers accounted for the majority, in addition to three girls were killed, most are subject to different degrees of damage. About these victims compensation there are a lot of people interviewed by media are given a lot of argument, some so-called USA lawyer even said that even though the body without any damage can also get millions of dollars in compensation for the spiritual damage. This argument is clearly a layman, will cause the error to guide passengers. As a City Hall established legal adviser, consultant in San Francisco crash, now I published the following viewpoint to the crash injured the compensation in the most basic and most important legal issues.

 

(1) according to the Montreal convention, the provisions of article thirty-third, if China passenger ticket by the courts is the ultimate destination for China round-trip ticket and ticket was purchased by China proxy ticket, so the passengers for Asiana Airlines litigation may find it difficult to be American court. Of course, the final destination and ticket agent is Chinese or USA identification, identified in the technology and the law in this case will have different degree of controversy, which mainly depends on the fact that, in some extent, also see lawyers level.

(2) even for Asiana Airlines of the litigation in court according to the law America, America passengers to claim should also have physical damage (physical injury). From the case of view, USA court that mental damage simply crash (P.T.S.D.) is not a physical injury. The case must be America litigation in California, according to the law of California, if we can prove the existence of bodily injury, the compensation for spiritual damages should be limited to the scope of the damage associated with. The relevant case is Carey v. United case Carey v. United Airlines, 255 F.3d 1044 (9th Cir. 2001). hurt huopei depends on the extent of the injury. If the injury is very serious, such as the permanent disability or disfiguring, compensation may be up to tens of millions of dollars. But if the injury is light, just a scratch or slight fracture, may also be only tens of thousands of dollars in compensation.

(3) considering the Asiana Airlines attaches great importance to China market, so we think the Asiana Airlines may be given in the scope of law to all passengers of different amount of compensation. But in any case, only minor injuries or no physical harm may get millions of dollars in compensation is clearly without any basis is not possible.

 



     Hao Junbo lawyer

       International litigation claim expert. China first cross-border securities claims, the first international air crash injury claims, the first claim cross-border, transnational anti first antitrust lawsuit.

       Lawyer Hao Junbo is an international legal experts with rich experience, is the first agency Chinese victims of transnational crash and injury, the first agent Chinese shareholders of securities class action claims in the Chinese America lawyer. Is the first collection of Chinese enterprise China antitrust class action lawyers to the price monopoly of the Multi-National Corporation in the European Union and the America.

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     Hao Junbo lawyer for China consulate in Beijing world (including Holland, Norway, USA, Poland, Singapore, South Africa, Nigeria and so on), America Olympic Committee, Air France, Royal Air Holland, American Renault tobacco companies, Gibson guitars, Hi-Vac and other world famous enterprises and organizations served as legal adviser in Chinese, 2008 during the Beijing Olympic Games has American Olympic delegation as Chinese legal adviser.

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       Mr. Hao Junbo is the first also included Marquez Asian celebrities and celebrities in the world record China lawyer. Was China procuratorial daily as Chinese legal guardian.

 

Hao Junbo lawyers and international lawyers agent China customers and investors for claims and litigation in USA and international agency model risk allowed by local law are used, all expenses are paid by the team of lawyers, litigation risk is borne entirely by the law, if not found, all fees shall be borne by the team of lawyers. China customers and stock shareholders to participate in the USA securities litigation or multinational crash and other international claims litigation, not only without cost, no risk, no need to spend time, fill in the form of securities cases can take part in, personal injury cases need to crash case is. Transnational litigation may need to go abroad to participate in the trial have little.

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