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Airline And Aeroplane Injury Claims Guide – How To Claim

Our expert advisors are waiting to answer your questions on aeroplane injury claims, and airline injury claims. Get in touch today.

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Airline And Aeroplane Injury Claims Guide – How To Claim

Last Updated 29/07/2025. Taking a flight is often associated with something which we are looking forward to, such as our summer holiday and flying off to a beautiful location. Flying is the safest form of travel, and time and again, each year is the safest year on record for flying. Whilst most of us will have a relaxing and event-free flight, or a small delay, for some, their flight could end in a trip to the hospital at their destination and possibly a ruined holiday.

If you are injured whilst flying as a passenger, either on a domestic UK or international flight, there are various mechanisms in place to support you as a victim and to help you make an airline injury claim, helping you to get compensation for the injury itself, as well as any other losses that you have encountered.

In this guide, we look at how people can be harmed on a flight, the ways in which aeroplane injury claims can be made, and how much different injuries might be awarded in damages, before looking at how our team could help you. When you are ready, you can contact our team using the details below:

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Select A Section

  1. A Guide To Airline Injury Claims
  2. What Are Airline Injury Claims?
  3. What Accidents And Airline Injury Claims Can We Handle?
  4. Can You Claim Under The Montreal Convention For Airline Injuries On An International Flight?
  5. Airline Injury Claims Against A Package Holiday Company
  6. Airline Injury Claims Made On Behalf Of A Child
  7. What Time Limits Are There For Aeroplane Injury Claims?
  8. What Evidence Is Needed For Airline Injury Claims And Aeroplane Injury Claims?
  9. What Damages Can Be Included In An Airline Injury Claim?
  10. Airline Injury Claim Personal Injury Calculator
  11. No Win No Fee Airline Injury Claims
  12. How We Can Help People Make Aeroplane Injury Claims
  13. Contact Legal Expert Today
  14. Additional Resources
  15. Airline Injury Claims – FAQs

A Guide To Airline Injury Claims

Despite several high-profile examples crashes, air travel today is statistically the safest way to travel. This is despite the number of commercial flights and passengers increasing year on year.

If you have been involved in any type of airline accident or injury in the past two to three years, and you can show that someone else, such as your airline, was to blame, we could help you make an airline injury claim.

To find out more about airline injury claims and aeroplane injury claims, please read on or get in touch with our team for more information.

What Are Airline Injury Claims?

When you think of an aeroplane injury claim, you probably think that you can only make this type of claim in the case of a dramatic event, such as a plane crash. However, there are many other ways in which people can be harmed whilst on a plane, such as:

  • Technical problems with the planes systems, or parts of the plane you interact with.
  • Damage to the internal passenger areas which have not been fixed.
  • Hazards, which could cause someone to slip or fall over, either when on the plane, or when entering/ exiting it.
  • Foods or drinks being served too hot and causing injury.
  • Passenger luggage is not properly stored.
  • Faults with your seat causing injury.
  • Unexpected inflight turbulence, or bad landings causing injury.

To find out if your injury makes you eligible to sue your airline for negligence, or for further details on airline injury claims and aeroplane injury claims, you can contact our team today.

What Accidents And Airline Injury Claims Can We Handle?

In-flight injuries on aeroplanes compensation claims can be made in a variety of different circumstances. However, there are some forms of flight accident claims that our personal injury lawyers and solicitors will see more often than others:

  • Slips, trips and falls could happen during embarkation or disembarkation of a flight, or whilst walking around the aircraft.
  • Suffering from illnesses such as being exposed to an allergen, having a food allergy, or even suffering from food poisoning.
  • Being assaulted in some way on the flight.
  • Suffering an injury during (unexpected) turbulence, or during a bad landing.
  • Burns and scalds, such as hot coffee burns and hot tea burns.
  • Head and bodily injuries caused by improperly secured luggage falling from an overhead storage bin.

To learn more or make an enquiry, contact our team today about airline injury claims and aeroplane injury claims.

Can You Claim Under The Montreal Convention For Airline Injuries On An International Flight?

Montreal Convention personal injury claims can only be made for flights between international airports of signatory countries. The Carriage by Air Acts (Implementation of the Montreal Convention 1999) Order 2002 was designed to establish the airline’s liability in the event of injury or death of a passenger. As a side note, it also applies to claims for flight delays or damage to your property. The convention is designed to be a single and overarching set of rules governing when an airline is liable for injuries.

Making a Montreal Convention personal injury claim is usually quite straightforward. The Montreal Convention places signatory countries and airlines under strict liability. What this means as a passenger or a claimant is that as long as you can clearly show you were injured on a flight, you can make a claim. The convention holds the airline responsible for any and all harm you come to on the flight.

Airline Injury Claims Against A Package Holiday Company

If your accident or injury happened whilst you were on a flight that was booked as part of your package holiday, your airline accident claim could be made against the package holiday company you booked your holiday with.

Under The Package Travel and Linked Travel Arrangements Regulations 2018, holiday companies have a responsibility to ensure your safety through every part of your package, whether that is the accommodation or transport booked as part of the holiday. Your holiday company is also responsible for the services as provided by and actions of any companies acting on their behalf and other representatives. Airlines and their employees fall under this category.

To make an air travel accident compensation claim against a package holiday company, you need to show:

  • That your flight qualifies as part of a package holiday. Your solicitor will check that your holiday qualifies.
  • That somebody else (such as an airline or their staff) was responsible for the injury.

Our next section will go into greater detail on airline injury claims and aeroplane injury claims made on behalf of children. If this is something that is of interest to you, please read on.

Airline Injury Claims Made On Behalf Of A Child

If you are the parent or guardian of a child (anyone under the age of 18) who has been harmed in an airline accident, you could help your loved one claim compensation for the injuries they suffered. Anyone under the age of 18 is not legally able to bring a claim in their own right and needs someone else to act as a litigation friend to do this for them.

If you’re wondering “how long do I have to make airline injury claims and aeroplane injury claims?”, then our next section will be helpful to you.

What Time Limits Are There For Aeroplane Injury Claims?

When you are making any type of claim, you need to be aware of the applicable personal injury claim time limit. In the case of aeroplane injury claims, you may find that you do have a reduced amount of time in which to make your claim. As discussed when looking at the Montreal Convention, we know there is a shorter time limit of two years in which to make a claim.

As there can be shorter and variable time limits in making an air accident claim, it is important that you get in touch with a personal injury lawyer who can help you sue your airline for negligence as quickly as possible. We have researched the most commonly applicable ways in which you will make a claim, and the appropriate time limit you have to do it in.

Edit
Airline Injury Claim Time Limits
Applicable Legislation Time Limit
General claim 3 years
Package Travel Regulations, 1992 3 years
Montreal Convention 2 years

Read on for more information on what can be included in airline injury claims and aeroplane injury claims.

What Evidence Is Needed For Airline Injury Claims And Aeroplane Injury Claims?

The evidence needed for airline injury claims and aeroplane injury claims can include CCTV footage from the flight or airport, as well as medical documentation. Your proof needs to fulfil 2 purposes: first, evidence should prove that the airline was responsible for the injuries you sustained in an accident. Secondly, it must show the type and severity of injuries you have suffered.

We have listed some examples of evidence that could be used when seeking airline injury compensation here:

  • Medical evidence, such as your examination notes, copies of any scans that were performed, or test results, that show what injuries were sustained and how serious they were.
  • Photographs of your injuries, what caused them, and the immediate scene of the accident (if possible).
  • CCTV footage from the cabin, if any recordings are available. It should be noted that not every airline will have CCTV installed on their aircraft.
  • Contact details for other passengers, members of the cabin crew, or airport staff. Make sure these details are up to date if you, with their permission, pass them on to your solicitor so they can be interviewed to provide eyewitness statements for the claim.

Gathering evidence is just one of the many things we can assist you with at Legal Expert. You can find out more about how our dedicated airline solicitors can help prove a claim by reaching out to our advisors. You can talk to our team about airline accident claims at any time throughout the week by using the number given below.

What Damages Can Be Included In An Airline Injury Claim?

You can claim damages for the harm you have suffered (either physical or mental harm) as a direct result of the airline’s negligence. This is covered by what is called general damages.

As well as the injury, you are also compensated for any loss of amenity you have suffered (such as the loss of use of a limb) and the overall effect that this has had on your quality of life. The other main component of a personal injury claim is special damages.

Special damages can also be awarded to compensate for any costs directly related to the injury. Examples of special damages include the cost of:

  • Private medical treatments or travelling to appointments.
  • Care in the home.
  • Adaptations to a home or vehicle.
  • The expense of travelling home in an emergency.
  • Loss of income and future earnings.

We always advise people to keep a record of any costs that they have incurred, as well as copies of official invoices and receipts. These can be used later in airline injury claims and aeroplane injury claims, as special damages need supporting evidence.

Airline Injury Claim Personal Injury Calculator

There are many personal injury claims calculators available online for all different types of injury or circumstances of the accident. However, these are not always accurate. Whilst you may be eager to find out how much you could claim, it is difficult for us to give an accurate assessment without discussing with you what happened.

There will be a variety of different factors around your injury itself which will help to determine how much you could be awarded. The most important thing is often the severity and the nature of how you were harmed.

Solicitors can refer to your medical evidence alongside the relevant figures from the Judicial College Guidelines. This is a publication containing guideline compensation brackets for a range of different injuries. A few of these have been used in our table here.

Compensation Table

The top figure in this table was not taken from the JCG. Moreover, the table itself is included in this article only for guidance.

Type of InjurySeverityGuideline Compensation
Multiple Severe Injuries Together with Special Damages (e.g. Cost of Private Medical Treatment)SevereUp to £1,000,000 +
ParalysisParaplegia£267,340 to £346,890
Brain DamageModerately Severe£267,340 to £344,150
Moderate (iii)£52,550 to £110,720
Neck InjuriesSevere (ii)£80,240 to £159,770
Chest InjuriesPermanent Damage and Impairment of Function (b)£80,240 to £122,850
Some Continuing Disability (c)£38,210 to £66,920
Back InjuriesSevere (iii)£47,320 to £85,100
Severe Leg InjuriesSevere (ii) Very Serious£66,920 to £109,290
Shoulder InjuriesModerate£9,630 to £15,580

What Is A Good Settlement Offer?

With many personal injury claims, including a claim for an aeroplane injury, the defendant may make an initial early offer. For aviation accidents, the defendant will often be the airline you were travelling with at the time.

They could be fully aware that you’re entitled to compensation and be trying to settle the claim by making an offer. However, this early offer tends to be quite low. It could seem like a lot of money. However, it’s possible the airline could be trying to bring a swift conclusion to a case that could end up costing them much more in the long run if court proceedings are issued.

You should always check with your solicitor before accepting a settlement for an aeroplane injury.

No Win No Fee Airline Injury Claims

If you have been injured on an airline as a passenger, we offer claimants the chance to make flight accident claims through a No Win No Fee agreement. This means that you will not have to pay any solicitor fees to your legal representative to get your claim started. There will also be no ongoing charges for these fees, which you also won’t have to pay if your claim loses.

If your air accident claim is successful, the solicitor will deduct a success fee from your compensation for their work. The percentage for this fee is legally capped, ensuring you will keep the majority of your compensation. At the start of your airline injury claim, we will explain in detail how a Conditional Fee Agreement works (the type of No Win No Fee contract offered by our solicitors) so there are no surprises if you sign one.

Our team can also offer you a free consultation to start your claim. This can be carried out over the phone and is a chance for you to explore how airline accident claims work in a no-obligation setting. You can then choose whether or not to continue and make a claim with our team.

If you wish to find out more about how to make an airline negligence case, speak to our team today.

How We Can Help People Make Aeroplane Injury Claims

When we work with you to make your airline injury claim, we will use our knowledge of the applicable legislation to ensure your case has a strong foundation.

Personal injury claims made for flights within the UK will often be done so under UK law. In these cases, you will need to show that your accident or injury was a result of negligence on the part of either the airline’s staff or the airline as a whole.

If you are claiming compensation for in-flight injuries on aeroplanes for an international flight, you can usually do so by using either the Montreal Convention (discussed above) or the Warsaw Convention. These are international agreements between numerous countries which take priority over any local or domestic (country-specific) laws. They will set out the basis under which you can build your compensation claim and the airline’s liability for your injuries.

It is important that if you are not making your claim under domestic UK law (or even if you do), you need to be aware of the appropriate personal injury claim time limit you have to do this in.

Solicitors at a desk with various papers, clipboards and a gavel hammer discussing airline injury claims and aeroplane injury claims

Contact Legal Expert Today

If, after reading our guide to airline injury claims, you feel that you do have an aeroplane injury claim, you can talk to our team. At Legal Expert, we have friendly and experienced solicitors who are ready to help you get the damages you are owed.

To get in touch with us, use any of the methods below:

Additional Resources And Airline Injury Claim Legislation

Below, we have included details of where you can find additional information in the event of an accident or injury on or involving an aircraft.

Airline Injury Claims – FAQs

Please keep reading to see some frequently asked questions about airline injury claims.

Can I Claim If I Was Injured On An Aeroplane As A Member Of Staff?

Yes. If your injuries can be shown to be a result of your employer’s negligence, then you may be able to make an accident at work claim for your injuries.

What Are The Two Heads Of Injury Claims?

Personal injury claims are divided into general and special damages. General damages cover the pain and suffering you’ve experienced as a result of your injuries, whereas special damages will compensate you for things like loss of earnings or medical treatment you’ve had to pay for.

How Much Compensation Do You Get For An Air Crash?

This depends on the nature and extent of your injuries. More severe injuries that are likely to affect your quality of life for some time may attract a larger payment amount than minor injuries.

How Long Do Injury Claims Take To Settle?

There’s no one answer to the question of how long injury claims take to settle. Various factors can be a factor, such as how easy evidence is to obtain and whether liability is disputed by the airline.

What Is The Time Limit For Personal Injury Claims?

The time limit for personal injury claims can vary in a few ways. We have mentioned them in detail earlier in this article. In short, most UK claims will need to abide by a 3-year time limit. However, if your claim is being made due to an injury sustained on an international flight, then you only have 2 years to start a claim. This is stated in the Montreal Convention. However, not all countries have signed up to this convention.

How Much Of My Personal Injury Settlement Will I Get?

If you choose to go through us and claim under a Conditional Fee Agreement, you’ll pay your solicitor a success fee if you win. This is taken as a legally capped percentage of your compensation.

Can I Make A Claim For My Child Who Was Injured On An Aeroplane?

Yes. If they’re still under 18, you can claim for them as a litigation friend. Once they turn 18, they’ll have until their 21st birthday to claim themselves. This is true even of aeroplane injury claims.

Can I Make A Claim For An Incident On A Plane In Which I Wasn’t Injured?

No, in order to make a claim, you must have suffered some injury. If you’ve suffered from no physical injury, then any psychological damage you’ve suffered must be severe enough to be recognised as a psychiatric injury in and of itself.

Thank you for reading our guide on airline injury claims.

  • Patrick Mallon legal expert author

    Patrick Mallon (BA, PgDl) is a Grade A personal injury solicitor and Head of our EL/PL Department, which handles accidents at work and public liability claims, such as slips, trips and falls. Patrick qualified in 2005 and has over 20 years of experience as an SRA-regulated solicitor. Patrick is well-known in the legal industry for his successful case, Billie Mae Smith v McDonalds. You can learn all about Patrick, his qualifications and his experience as a solicitor by clicking below.

    Learn more about Patrick

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