SeaWorld helicopter victims to wait two years for compensation, lawyer says

A Brisbane lawyer who specialises in aircraft accidents explains what compensation Sea World crash victims might be entitled to, and how long it will take for them to be paid.

A Brisbane lawyer said Sea World Helicopter insurers would likely pay millions in compensation following a fatal mid-air collision between two tour choppers on Monday that claimed four lives.

Peter Carter of Carter Capner Law is an expert in aircraft accident injury claims, and a qualified pilot. He previously represented those involved in the Lockhart River crash in which 15 people died in 2005.

Mr Carter says surviving passengers and families of deceased passengers would be entitled to up to $925,000 if the crash was found to be accidental or at the fault of Sea World Helicopters, costing the company millions.

“Because it was a commercial flight in which Sea World Helicopters operate, there’s a limit of $925,000 in compensation, it should be higher but it’s a federal sum that is pegged in that act, which the state act mirrors,” Mr Carter said.

The devastating scene of Monday’s helicopter crash involving Sea World helicopters. Picture: Glenn Hampson

“It is treated similar or the same as a Qantas plane flying from Brisbane to Gladstone.

“The trade off for the $925,000 is you don't have to prove outright negligence, you have to prove there was an accident but not what the negligence was, that’s the trade off (for the cap).

“The liability remains with the carrier.”

Family of deceased British newlyweds Ron and Diane Hughes could still be entitled to compensation however, they will be bound by Queensland law.

If non-carrier parties were found to be involved or liable for the crash, Mr Carter said compensation totals could climb well past the $925,000 cap.

“If a third party or another company was involved somewhere along the line – not just Sea World Helicopters who sold the ticket – or they found a component fault like an altimeter or some sort of material caused the accident, you can get around that cap,” Mr Carter said.

A screengrab shows pilot Michael James and his passengers in the seconds before the mid-air collision. Picture: 7NEWS

Mr Carter said bystanders would also have potential claims if they proved to have suffered a “serious psychological injury.”

But he warned most would get “very little” money. “For instance, family members at the scene, they would qualify for that type of compensation if psychiatric shock is proven to affect them in the future but again, that’s subject to the maximum $925,000.

“Some people get very little, even if they were a passenger and have only minor scars, they could get very little.”

Mr Carter said it was unlikely any insurer would be prepared to make any compensation offers prior to the coronial inquest findings and the release of the ATSB investigation report.

The office of Sea World helicopters on the Gold Coast. Picture: NewsWire / David Clark

“They’ll have to exclude things like history of the aircraft, pilot experience, what the pilots were doing in the last 24 hours, all components of the aircraft, the fuel tank, engine, engine power at the time of impact, everything.”

Unlike passengers, Mr Carter said surviving pilot Michael James would only be entitled to a separate legal claim if the crash is found to be caused by an entity other than Sea World Helicopters.

“We should get an interim report in about six weeks saying what they’ll continue to investigate and in about 12 months a full report will come out,” he said.