Families of Australians killed on-board Malaysia Airlines Flight MH17 are seeking $10 million in compensation per passenger. The victims, represented by Sydney legal firm LHD lawyers, served the claim to the European Court of Human Rights on May 9.
They
are planning to sue the Russian Federation and President Vladimir Putin
over claims the nation has hidden its involvement in the downing of the
plane by a missile over Ukraine in 2014, the Age reports.
The
3,500-page document notes that the Russian Federation has failed to
assist in any investigation and has instead attempted to conceal its
involvement. Of
the 298 people on board MH17 who died, 38 were Australian. In the
application, 33 next of kin were named which included eight from
Australia, a New Zealander, and the remainder are from Malaysia.
If
the claim is successful it can result in one of the largest payouts in
the history of aviation with the bill reaching almost $3 billion. Co-associate of Sydney law firm LHD and a leading aviation law specialist, Jerry Skinner, is leading the 3500-page claim.
'My
clients want accountability for the deed. They want enough money to
reflect that the Russians take this seriously and serve as a
deterrent.,' Mr Skinner told Fairfax Media.
'I
have encouraged the Russians to contact me to discuss how much money
that is ... but I have heard nothing from Russia, from their embassy or
from the contact points that we established to indicate that they are
willing to talk about negotiating.
Mr
Skinner who has advocated for families victimised by almost every major
U.S. airline disaster since 1989 is also recognised for settling claims
by families of the 270 killed in the Lockerbie bombing in 1988, which
saw Libya offer up to US$2.7 billion in compensation, representing US$10
million per family.
Tim Lauschet (left), the son of MH17 victim Gabrielle Lauschet (right) is one of the claimants named
The parents of Fatima Dyczynski
(pictured) who was the chief executive and founder of Xoterra Space,
have also listed as claimants
The
parents of 25-year-old aerospace engineer Fatima Dyczynski say despite
having lost their daughter almost two years ago they are still
speechless. Her parents, Jerzy and Angela, say Fatima will forever be a source of inspiration. Tim Lauschet, the son of Sydney teacher Gabriele Lauschet, is also named as a claimant.
Once a
hard-working building industry supervisor, 24-year-old Tim Lauschet had
turned into an angry person who lost his temper and was terrible to be
around at work.
'When that plane went down, I lost my family. [Mum] wasn't just a family member, she was my whole and complete family,' he said. Mr Lauschet said his life fell apart financially since the tragedy and he had been forced to sell his mother's house.
Viktor
Oreshkin (left) and Sister Philomene Tiernan (right) were among the 38
Australians who were killed when a Russian missile struck the Malaysian
Airlines flight over the Ukraine in 2014
Dutch air crash investigators released
a video demonstrating how a Russian-made BUK missile detonated just
inches from the MH17 cockpit, killing the pilots and breaking off the
front of the plane
This lawsuit differs to the one which will be put forward in the coming weeks on behalf of seven Australian families. The
claim, expected to be filed in the Federal court of Australia, seeks
unspecified damages from Malaysia Airlines over its failure to avoid the
flight path over Ukraine.
The
Dutch investigation found that the missile contained a Russian made
warhead which detonated one metre from the left side of the plane's
cockpit at 1.20pm local time.
The
explosion sent 800 fragments to perforate the aircraft and caused the
cockpit to tear off from the business class section of the plane. The fragments, which were cube or bow tie shaped, entered the plane and later were found 'in the bodies of the crew'. Australian
forensic Professor David Ransom concluded that all the passengers died
or lost consciousness 'shortly after the aircraft was struck'.
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