Any accident at 35,000 feet, even a minor one, is unwelcome. While flying is considered to be the safest form of travel, you could be entitled to flight accident compensation if you experienced an injury mid-flight. This guide explains how to claim against the airline responsible.
Key Takeaways
- The Montreal Convention 1999 was a treaty signed by multiple countries (including the UK) to set the rules for airlines regarding passenger accidents and fatalities.
- The Civil Aviation Act 2012 establishes a regulatory framework for responsibilities to protect users of air transport services, including passengers.
- If successful, your personal injury claim could compensate you for the physical harm of an in-flight injury, as well as the monetary damages the injuries created.
- A time limit of two years applies in which to commence a personal injury claim for an inflight injury.
- You could qualify to start your claim with support from our expert solicitors, who offer a No Win No Fee agreement to fund their services.
Please carry on reading our guide to learn more about No Win No Fee flight accident compensation claims. You can also reach out to advisors at any point to ask questions or access a free assessment on the merit of your claim. To find out more:
- Call the team on 0800 073 8804
- Contact us to start a claim online.
- Open the live discussion portal below for an immediate response.
Frequently Asked Questions
- Can I Get Flight Accident Compensation?
- How Much Compensation Could I Get For An In-Flight Injury?
- Examples Of Accidents That May Happen On a Plane
- Who Is Responsible For Flight Accidents?
- What Is The Flight Accident Compensation Claims Time Limit?
- Do I Need Evidence To Support My Claim?
- Can I Claim With A No Win No Fee Solicitor?
- More Information
Can I Get Flight Accident Compensation?
As we mentioned in the introduction, Article 17 of the Montreal Convention 1999 states that up to a certain value, the carrier is regarded as ‘strictly liable’ for injury or death mid-flight or for injury when getting on or off the plane.
This allows an injured passenger to initiate a compensation claim upon return to their home nation without needing to prove the airline was negligent. You will need to show:
- That the accident was an ‘unexpected’ or ‘usual event’.
- The injury was not prompted by the passenger’s internal reaction to flying.
- That the injury was caused by an accident that occurred on the aircraft mid-flight, while grounded, or while taking off or landing.
The Montreal Convention sets a capped limit to the airline’s liability using a universal currency called Special Drawing Rights (SDR), set by the International Monetary Fund (IMF). The cap is currently 151,880 SDR, which is approximately £157,300. This helps deal with claims of this value (or less) in a way that reduces time and expense. There is no limit to claims above this amount, but the airline does then have the right to contest the liability by proving it wasn’t negligent or otherwise at fault.
If you’d like to check your eligibility to start a claim for flight accident compensation, please call the team for further personalised guidance.
Am I Able To Claim For My Child?
It is possible to launch a personal injury claim for an injury that occurred during a flight on behalf of your injured child.
What If The Accident Happened To A Vulnerable Person?
Similarly, a person without the capacity to manage their own affairs can have a personal injury claim started for them by a family member or other concerned party.
Can I Claim On Behalf Of A Deceased Loved One?
Yes, you can claim if a loved one died while embarking, disembarking or during a flight.
If you suffered the loss of a loved one in or after an airline accident, speak to our advisors. You and your family could be owed flight accident compensation.
How Much Compensation Could I Get For An In-Flight Injury?^^
Each flight accident compensation claim will differ, and no routine amount of compensation will be awarded. Those concerned with the calculation process will often refer to medical evidence and publications such as the Judicial College Guidelines (JCG) to reach an amount.
This publication contains guideline bracket amounts for an array of injuries based on successful claims in England and Wales. The guidelines are arranged in order of how severe they are and we’ve compiled a table below as an example. However, it’s essential to read these as strictly suggested amounts, as every claim will differ. Please also note, the figure in the top row was not taken from this publication.
Compensation Guidelines
| INJURY AREA | SEVERITY | AWARD BRACKET GUIDELINES |
|---|---|---|
| Multiple forms of severe harm and special damages for lost income and medical expenses. | Severe | Up to £1 million plus. |
| Head/Brain | (a) Very Severe | £344,150 up to £493,000 |
| (d) Less Severe | £18,700 up to £52,550 | |
| Neck | (a) Severe (ii) | £80,240 up to £159,770 |
| Psychological harm | (b) Moderately Severe | £23,270 up to £66,920 |
| Back | (b) Moderate (i) | £33,880 up to £47,320 |
| Hand | (f) Severe | Up to £44,840 |
| Facial disfigurement | (c) Significant scarring | £11,120 up to £36,720 |
| Digestive system - illness from non-traumatic damage | (ii) Serious | £11,640 up to £23,430 |
| Chest | (d) Permanent damage | £15,370 up to £21,920 |
How Is Compensation For Plane Accidents Calculated?
Compensation for inflight injuries is calculated by looking at general and special damages. These are the two heads of loss that could form your settlement.
General damages place a value on the physical pain and suffering experienced, as well as any psychological distress caused. It can also apply a value for:
- The severity of the injuries sustained.
- The duration of the injuries.
- How they have damaged the quality of a person’s life (loss of amenity).
- What the future prognosis indicates.
Special damages use evidence of financial harm as their basis. To include them in your claim, you would need to put forward evidence of monetary loss or harm caused by the in-flight accident, which can be:
- Proof from your employer that your salary suffered damage because of time off work.
- Proof of any private medical expenses.
- Receipts or invoices that prove amounts paid out to others for domestic support.
- Additional costs for childcare.
- Travel costs to get to essential appointments.
In the hands of our skilled solicitors, these documents can form the basis of far more accurate compensation calculations. Rather than trust the amount you claim to be calculated by an online website, why not speak to the team to see how our expert solicitors do it?
Examples Of Accidents That May Happen On a Plane
Like any form of public travel, there can be a wide range of potential hazards that might cause injury if others are negligent, and we explore some examples:
Slips, Trips And Falls
Obstacles or spillages on an aircraft have the potential to cause injury. For example, if the cabin crew neglected to ensure that all hand-held luggage was correctly stowed. Because of this, a passenger could trip on a bag strap, fall and hit their head on an armrest. They could also suffer injury getting on or off airline shuttle buses or other transportation by slipping on an unattended wet surface.
Technical Issues
An example of this is when the seatbelt light was faulty and did not alert the passenger to fasten their seatbelts. This resulted in the passenger being thrown forward and hitting the seat in front during turbulence, suffering a minor head injury as a result.
Scalds And Burns
In-flight refreshments can be hot, so cabin crew need to take care not to spill drinks or food onto passengers while serving. An example accident is a passenger being scalded by hot coffee after colliding with a drinks trolley. Food poisoning on a flight may also be grounds to start legal action for flight accident compensation.
Falling Luggage
Most heavy luggage is in the hold, but hand luggage can also cause injury if it falls from the overhead compartments. A passenger could suffer a serious head or neck injury if luggage falls, or they might trip on any item that cabin crew have allowed to be left in gangways.
Faulty Seating
A broken seatbelt can present an immediate risk to passenger safety, but there can also be other issues with internal fittings. For example, a broken armrest can leave a piece of exposed metal on which an unwitting passenger cuts their arm or hand. Also, a sudden movement by a broken seat could create serious back injury, especially in an elderly traveller.
Turbulence
Turbulence may be unavoidable, but it is essential that the cockpit and cabin crew alert passengers to it as soon as it is detected. Failure to return passengers to their seats during turbulence can result in someone losing their footing and falling against the seat or landing on other passengers.
Assault By Another Passenger
Some passengers become intoxicated and rowdy. You could have a viable personal injury claim if you were assaulted on a plane and the airline failed to contain the problem correctly.
The Montreal Convention covers acts of assault, and your right to claim is covered. A solicitor can assist with the personal injury claims process, so get in touch to see if they can help you.
Who Is Responsible For Flight Accidents?
Under the Montreal Convention, the airline is usually considered responsible for flight accidents. An airline accident is defined as something ‘unusual’ or ‘unexpected’ and not the result of injuries such as deep vein thrombosis or ear damage that might be caused to the person by the act of flying itself.
For cases where more than one aircraft was involved, the Air Accidents Investigation Branch (AAIB) can investigate the circumstances and provide recommendations to prevent it from happening again.
Please contact the advisory team to discuss your potential flight accident compensation claim.
What Is The Flight Accident Compensation Claims Time Limit?
For aviation accidents, the Montreal Convention lays out a 2-year time limit for claims. The exceptions for minors and those without mental capacity that we looked at above may alter this. Please connect with the team for precise guidance.
Do I Need Evidence To Support My Claim?
In cases of mid-flight injury, the airline is considered strictly liable up to £157,300 (approximately) and you do not need to prove negligence. However, it is important to gather evidence that might help further boost your compensation calculations, such as:
- Copy of your ticket.
- Photos of the injuries and their cause.
- Witness contact details (so that a supporting statement can be gathered from them later).
- Duplicates of medical records that detail your injuries.
Should the airline contest liability and you choose to appoint one of our solicitors, they can help you collect evidence like this. Get in touch with the team to learn more.
Can I Claim With A No Win No Fee Solicitor?
Our solicitors offer their services under a No Win No Fee arrangement, which includes supporting eligible claimants with a case for flight accident compensation. They usually offer a version of this type of arrangement called a Conditional Fee Agreement (CFA), you can access unlimited legal advice and take advantage of the following benefits:
- No requirement to pay initial solicitor’s fees to get going.
- No solicitor’s fees for their work as the claim unfolds.
- No fees are applicable to the solicitors for completed services if the claim fails.
- In outcomes that are successful, a nominal success fee will be taken from the compensation.
- The law restricts this percentage.
- Because of the cap, you can expect to receive virtually the entire amount from a successful flight injury claim.
Contact Legal Expert
Are you ready to see if you could be owed flight accident compensation? It takes just a moment to find out if our specialist solicitors can act on your behalf today:
- Call the team on 0800 073 8804 to discuss the flight accident claims process.
- Contact us to start a claim online.
- Open the live discussion portal below for an immediate response to air accident claims.
More Information
This guide focused on flight accident compensation, and these other resources from our website might be of further use:
- This guide looks at airport accident claims at Gatwick.
- Here we discuss claiming for medical costs in a personal injury claim.
- Also, read about flight delay compensation.
External resources to help:
- Here is information on how air transport companies should comply with health and safety laws.
- Read more on how to report an air accident.
- This link looks at dealing with a host of travel problems from the Civil Aviation Authority (CAA).
To close, we value your interest in our guide about flight accident compensation. If you’d like to learn more about how our solicitors use a No Win No Fee agreement, speak with our advisory team now.
