Due to misinformation regarding legal options for families of MH370 we have clarified the facts at Myths and Misinformation
Latest information as at March 30
For responses to the following questions visit Frequently Asked Questions
Who may seek compensation?
Against whom may a claim be made?
Can a Claim Be Made Against The Government Of Malaysia?
Where may a claim be made?
What amount of compensation will be paid?
Will all the families receive the same amount in compensation?
What is the legal process?
Who should I contact?
Latest information as at March 28
- Reports that lawsuits have already commenced in the case of Malaysia Airlines Flight 370 are false.
- The action reported in the media was not a lawsuit but a petition for discovery, which is a specific limited procedure available under Illinois law to enable an injured person to discover the identity of the party against whom a lawsuit may be brought.
- It is improper for this law firm to file a petition for discovery for the purported purpose of obtaining crash investigation and other ‘evidence’ from Boeing and Malaysia Air.
- For this reason, the filing of this petition will not result in any such information ever being produced and the petition undoubtedly will be dismissed.
Compensation for the families of Flight 370 will be available from Malaysia Air. However, the jurisdictions in which an action against Malaysia Air may be brought is dictated by the Montreal Convention. The U.S. generally will not be an available jurisdiction for an action against Malaysia Air for any passengers’ families other than the Americans, contrary to what apparently was impliedly promised in the filing by this US firm. A further action may be available against Boeing and possibly other parties, but this is dependent upon the facts developed through the crash investigation. An action against Boeing at this time is extremely premature and would not be successful.
Latest information as at March 27
- Liability is almost certain, no matter what the cause of the crash ultimately is determined to be.
- The fact that the wreckage has not yet been found does not have any real legal impact upon claims against Malaysia Airlines.
- The airline must pay the families of those on board around $176,000 under a multilateral treaty known as the Montreal Convention.
- The Montreal Convention dictates that a claim has to be brought in one of five places: where the carrier is domiciled, its main place of business, where the ticket was bought, the destination of the flight or the primary residence of the plaintiff.
- For the majority of passengers on this flight, this is either China or Malaysia and these countries have very limited views of damages as opposed to America.