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Old 2nd Aug 2008, 09:33
  #18 (permalink)  
Flying Lawyer
 
Join Date: Jul 2000
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Totally agree with Brian’s comment about the moronic post by JTea.

Hawker

Thank you for posting the extracts from the book you’re writing. It made interesting, and very sad, reading. Whether or not the book is ever published, I’m sure extracts on the internet and in magazines will be of interest to fellow aviators who may find things to learn from your terrible experience

From what you say, it appears you have been treated disgracefully by the directors of the company for whom you did the test flight – regardless of whether they have a legal liability to you.

Unfortunately (in this context), I am no longer permitted to give legal advice, either professionally or informally. If you’d posted within a year or so of the accident I could and would have done.

I strongly urge you to obtain legal advice from a specialist aviation lawyer. If you don’t do that now, there’s a risk you’ll always wonder if you could have obtained compensation for your terrible injuries, pain & suffering, medical expenses, loss of income while unable to work in consequence of the accident etc.

I don’t have any personal contacts amongst aviation lawyers in SA; I did a case some years ago in which a SA firm was involved but I no longer have any documents and can’t remember the name. However, it should be relatively easy to find out who has a good reputation.
eg
Ask your (former?) Hawker employers which lawyers they use for aviation work.
Ask SA aviation associations/organisations. AOPA?
Ask in PPRuNe’s African Aviation forum if anyone can recommend a good aviation lawyer to deal with a personal injury claim arising from an aircraft accident.
Ask on one of the SA aviation websites.

An aviation lawyer who deals with fatal accident/personal injury cases will be able to advise you if you have a cause of action against the company for which you did the test flight and/or any other company/person involved directly/indirectly in the design, manufacture and maintenance of the aircraft.
You need to take advice as soon as possible. The time limit for bringing legal actions, particularly personal injury actions, varies between jurisdictions. I don’t know the limitations in SA.

Insurance is a secondary consideration at this stage. You first need to find out if you have a cause of action against anyone and, if you have, start the proceedings within the relevant limitation period.


I assume this is a photograph of the aircraft –




Link to reports of the accident here -
ASN Aircraft accident 16-JUN-2006 Dragonfly Mk 3 ZU-DYF


Good luck.
I'm sorry I can't be of more help. If I could do more, I would.



NB:
Questions about your flying experience, training, qualifications, whether you were paid for the flight etc etc are understandably of interest in this forum. However, the crucial issues are whether it can be shown that any person/company who owed you a duty of care was negligent and whether any such negligence caused or contributed to the accident in which you were injured.


FL
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