A father and son are suing the pilot of a biplane that crashed into Lake Travis in July 2016 for serious injuries.

The pilot, Robert Whiteside, who operates Austin Biplane was flying the two passengers on July 2, 2016, when it crashed in to the water after the plane's engine failed. On Friday, Jonathan and his father filed a lawsuit claiming Jonathan suffered serious bodily injuries.

However, a few days after the crash KVUE spoke to Jonathan Smith, who described the experience and said - although he and his father were sore they were happy to be alive and "the way he (Whiteside) landed the plane was awesome."

The lawsuit does not specify Smith's injuries.

Jonathan Smith said last year he gave the plane ride to his father for his birthday to help distract him from his cancer treatment.

The lawsuit seeks $1,000,000 but no more than $10,000,000 in damages.

KVUE reached out to the law firm representing the Smiths for more details about their injuries and Whiteside for comments. At the time of posting this story neither had returned communication.