Can I Claim Compensation For An Unexpected Turbulence Injury?

By Mark Ainsdale. Last Updated 18th April 2023. Welcome to our unexpected turbulence injury claims guide. So, what is turbulence? What causes turbulence on a plane? Do you feel less turbulence on bigger planes? The answer to these questions and more are answered in the guide below.

Turbulence is one of the biggest causes of anxiety for airline passengers. However, flying through turbulence is extremely unlikely to put the safety of the aircraft in question. In most instances, turbulence is an inconvenience to crew and passengers, and if unexpected, it can cause injuries and accidents.

Further information on unexpected turbulence injury claims

Looking at examples of turbulence injuries statistics as reported to the Civil Aviation Authority in the UK, in 2016 there were;

• 1,370 instances of planes encountering turbulence.
• Of these cases, 98% were either very low or low in severity.
• 39 instances of passengers suffering minor forms of injury due to turbulence. These were (generally) caused by burns from hot drinks being spilt and bruises and bumps.
• 87% of turbulence-related injuries happened when the aircraft was cruising, as this is when passengers were not wearing seat belts and moving about the aircraft cabin. Flight attendants could also suffer injuries from the turbulence that comes out of nowhere too.

In this unexpected turbulence injury claims guide, we look at what turbulence is, what causes it, what you could do to stay safe in an aircraft cabin, and how to claim compensation for turbulence with a personal injury solicitor.

Unexpected turbulence compensation claims guide

Select A Section

• What Is Turbulence?
• And What Is Clear Air Or Unexpected Turbulence?
• What Are The Main Causes Of Turbulence?
• Are Instances Of Unexpected Turbulence Increasing?
• What Can You Do To Avoid Injuries During Turbulence?
• The Montreal Convention And Your Air Passenger Rights
• Liability For Injuries Caused By Turbulence
• Unexpected Turbulence Personal Injury Claims Calculator
• What Else Can I Claim Compensation For?
• No Win No Fee Compensation For Unexpected Turbulence Claims
• Why Make An In-Flight Turbulence Compensation Claim With Us?
• Contact An Air Accident Expert
• Air Accident Claim Guides

What Is Turbulence?

The first question which we should answer before going ahead is to look at what exactly turbulence is. We should begin by saying that turbulence in flight is mostly a perfectly normal part of flying, and in general, it is nothing to worry about. While turbulence anxiety is very understandable, airline passengers should know that in many cases, if an aircraft did not have any passengers, the flight crew may not even seek to avoid turbulence.

Generally, the airflows which planes travel on are smooth and allow for an easy flight. However, this air can become ‘choppy’ at times and subsequently cause your plane to sway, fall, or rise unexpectedly. You can visualise this by thinking of a boat on the ocean. These areas of ‘rougher air’ are caused by three types of interference, shear, mechanical and thermal interference.

Remember, whilst turbulence anxiety is understandable, aircraft are designed to withstand severe turbulence seen in the worst turbulence areas in the world. Aircraft are designed to withstand large amounts of stress and to navigate extreme turbulence. Your plane will not be flipped over nor flung from the air. Whilst unexpected severe turbulence could cause discomfort or even cause injury, it is not dangerous to the aircraft.

Today, aircraft are designed to withstand extreme situations, even winds strong enough to bend the wing by 90 degrees. Talk to a personal injury solicitor today if you need to make a personal injury claim for compensation for turbulence. Otherwise, feel free to continue reading this unexpected turbulence injury claims guide.

And What Is Clear Air Or Unexpected Turbulence?

Clear air turbulence (often abbreviated to CAT) is more common in winter months and can strike at any point in a flight. If it happens whilst people are moving around the cabin, passengers or crew could be seriously injured as the aircraft is buffeted hundreds of feet, causing people and items to be violently thrown about. So, what causes clear air turbulence, and it is dangerous?

What causes (CAT) turbulence when flying is virtually impossible for the pilot or the aircraft’s instrumentation to detect. Therefore, it is almost impossible to avoid. Clear air turbulence is caused by the rapid change in the speed of winds at the edge of a jet stream. There are two main types of clear air turbulence. These are;

1. Mechanical CAT is the disruption of the horizontal smooth flow of air over the craft.
2. Thermal CAT wherein an unstable atmosphere, vertical currents of air disrupt the flight.

If you need to claim compensation for unexpected turbulence, talking to a personal injury solicitor can help you see what steps you need to take.

What Are The Main Causes Of Turbulence?

Next, we look further into what causes turbulence and is it dangerous. There are five main types of turbulence. These are wind, rising air, jet streams, mountains and vortexes in aircraft wakes.

1. Turbulence caused by wind can be more problematic during takeoff or landing and is akin to navigating a boat through rough waters. It can happen at both higher and lower altitudes and operates differently in these two areas.
2. Turbulence can be caused by vertically rising air at higher altitudes. It can be caused by the same processes which cause clouds to form. However, where there isn’t moisture in the air, clouds do not form, and turbulence can not be seen. This is the CAT (clear air turbulence) that we looked at earlier. Radar and visual identification are not possible. Generally, this does not happen above cloud cover, though it is possible in tropical areas and can sometimes be predicted.

Other causes

1. Jet streams move air around the world at very high speeds, over 300 kmph. Across the Atlantic, they flow from west to east. Aircraft avoid these when flying from Europe to North America as this would mean flying into the wind, slowing airspeed. Flying the return journey, they often ride the jet stream back. Pilots need to be aware that the jet stream can quickly change direction. These changes are called bends, and turbulence can form there.
2. Mountains can cause turbulence as strong winds may create updrafts which can still be felt at commercial aircraft flying heights.
3. An aircraft’s wake causes the final type of turbulence. Similarly to how a large or fast-moving ship leaves a wake in the sea, an aircraft does the same. This is why aircraft have to leave a minimum distance between them, similar to driving your car.

Other notes

These are the main factors that cause turbulence when flying. And we explain this in more detail; as we continue our unexpected turbulence injury claims guide.

Are Instances Of Unexpected Turbulence Increasing?

A question which airlines (and those dealing with claims for in-flight injuries) are asked is, ‘is turbulence getting worse’ or becoming more frequent?

As the earth’s climate changes, the aviation industry expects more and more aircraft to encounter clear-air turbulence as the planet’s climate changes and the temperature changes between the areas south and north of the equator.

Now, as jet streams become stronger, they become less stable, and there is a greater chance of having more instances of clear air turbulence. As levels of CO2 in the atmosphere rise, it is expected that there will be a similar rise in the instances of aircraft encountering turbulence and that that turbulence is also getting worse.

What Can You Do To Avoid Injuries During Turbulence?

Now we have looked at what causes turbulence on a plane, we will look at what you can do during unexpected severe turbulence.

1. In case of the aircraft suddenly encountering turbulence, there are things which you can do if it happens so quickly that the seatbelt sign is not on. Support yourself quickly to prevent yourself from hurtling around or falling over.
2. If there are any empty seats close by, sit down and buckle your seatbelt. If not, squat down in the aisle and hold on to something secure.
3. Listen closely for any instructions given by the cabin crew or the flight crew and follow these.
4. Remain calm and treat the turbulence as you would a big wave or a bump in the road. Whilst it is inconvenient and can cause anxiety, the aircraft will be safe. Your only worry is suffering an injury inside the cabin.

You can find more tips on what to do in this unexpected turbulence injury claims guide.

The Montreal Convention And Your Air Passenger Rights

In the event of an accident on an aircraft, as a passenger you have rights through UK law, EU law and under the Montreal Convention. Through the Montreal Convention, air passengers travelling from the UK can claim compensation for injuries and other damages caused by accidents or disruptions.

This convention is an international agreement covering air carriage for passengers between and departing from 120 countries worldwide who have ratified this agreement. This means if you are flying between two registered states you have additional rights to claim damages beyond those applicable in your own country, the departure country, or destination country (if different).

If you were injured on your flight, you could claim compensation for unexpected turbulence under the Montreal Convention.

Liability For Injuries Caused By Turbulence

In the event of an accident on a plane, you may need to establish who is liable for the accident, and thus your injuries. When making a claim for injuries that happened during unexpected negligence it can sometimes be harder than in other types of cases to establish liability. This is because an unforeseen act of nature (often called an act of God) can not always be claimed for. However, if there has been any negligence on the part of the airline, victims may have grounds to claim. If it was possible for the crew to have foreseen the chance of turbulence and not taken action to mitigate this risk or warn passengers, you might have a claim based on their negligence.

If you can bring a claim under the Montreal Convention, you will have a lower burden of proof to establish your ability to claim. Due to this convention and how this has been interpreted in the UK’s courts, if you as a passenger were injured on any part of your flight that is outside of the expected norm, your airline will be liable for your injuries. In such cases, there is not a need to show that the airline was negligent.

Unexpected Turbulence Personal Injury Claims Calculator

Without knowing the details of what happened to you, our experts can’t tell you exactly how much you could be owed. Commonly, people have set ideas about how much their particular injury may be worth and how it compares to other injuries. An injury will get an automatic settlement amount. However, this is not the case, and various factors are taken into account when your claim is calculated. In general, accident victims could expect to be compensated for their injury as well as other financial losses.

Below we have included a personal injury claims calculator. You can use this to see example amounts for some of the most common forms of injury. We have included bands from the more moderate up to severe forms of injury so that you can see the wide variance in how much people can often claim.

Remember, this calculator is an example of what people could claim in certain circumstances, and your individual claim or case may fall between these figures. But it gives you better insight when deciding if you want to file unexpected turbulence injury claims.

What Else Can I Claim Compensation For?

Aside from the damages above, which you could claim for a physical or psychological injury, there are also other types of damages that you could be able to claim. These entitlements are in the law.

Examples of other forms of damages which you could claim damages for include:

• Any financial losses which you either already have lost or that you will lose in the future.
• Wages, salary and workplace (employment) benefits you have lost or will lose due to additional time off work or changes to your employment status.
• The cost of and charges for medical treatment (in the UK or abroad) you have already had to pay or will have to pay in the future.
• Compensation for other forms of expense or costs, such as damage to personal property.

No Win No Fee Compensation For Unexpected Turbulence Claims

When our personal injury solicitors take on a claim, their fee depends on if they’re successful. If they don’t win your claim, they won’t charge you a penny. In fact, if you claim a No Win No Fee agreement, you only pay your success fee if you win. This fee is agreeable beforehand and will be in your contract with the solicitor.

There is no financial risk at all in claiming with us. Our panel of solicitors help people to claim compensation for their in-flight injuries. Remember, even if our team does have to pursue your claim all the way to the courts, you will still not have anything to pay unless you win your claim. If you win your unexpected turbulence injury claims, what you pay is based on an agreed percentage of your settlement.

Why Make An In-Flight Turbulence Compensation Claim With Us?

At Legal Expert, we believe we have the expertise and the knowledge to help you successfully claim compensation for unexpected turbulence. As well as providing you with information on how much you could be able to claim through our personal injury claims calculator, our experts could also help organise further medical examinations with experts close to your area. You can also take advantage of one of our specialist personal injury lawyers or solicitors to handle your claim. As shown above, we also have a fully No Win No Fee service, as seen above. We always work to ensure that you get the best possible settlement to your claim and the outcome of your case. To begin your case within the personal injury claims time limit, we recommend contacting a solicitor at your earliest possible convenience.

Contact An Air Accident Expert About Compensation For Unexpected Turbulence

We could have the right lawyer for you with personal injury solicitors and medical experts around the UK. You can get in contact with our team by phone, email and contact form. There are contact forms and online support features you can use to request a callback from our team.

You can also send us the details of your case to office@legalexpert.co.uk. Finally, you can pick up the phone and call 0800 073 8804. We are here seven days a week through the day and night.

Air Accident Claim Guides

In addition to this guide on how to claim compensation for unexpected turbulence our site also includes a variety of other resources for people injured at various stages of a journey by plane, from when you arrive at your airport to when you arrive at your destination. We also have resources advising people on claiming compensation for an accident on holiday and have included resources on how to stay safe in an aircraft cabin.

CAA Cabin Safety Guide
Produced by the Civil Aviation Authority, this guide looks at how to stay safe at all times when in an aircraft cabin such as during turbulence in flight.

5 Tips For What To Do During Unexpected Turbulence

In this guide from United Airlines, you can find five tips for what you should do during unexpected severe turbulence.

Airline And Aeroplane Injury Claims
We look at other ways in which you could suffer an injury on an aircraft aside from during severe turbulence.

Airport Accident Claims
This guide looks at the different ways people could become ill whilst transiting through an airport.

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Compensation For Unexpected Turbulence FAQs

Can you sue for turbulence?

You can’t sue because turbulence happens, but you can sue if you suffer an injury as a result.

Can you get whiplash from turbulence?

Yes, whiplash is a possible consequence of serious turbulence.

What kinds of injuries can happen due to air turbulence?

These could include slips trips and falls, soft tissue injuries, head injuries and bone fractures.

How are aircrafts insured?

This happens on what is known as an “agreed value” condition.

What is severe clear air turbulence?

This is any turbulence in the sky where there aren’t clouds, causing stronger buffeting of the plane.

Does turbulence happen on every flight?

Turbulence does happen very often, though passengers are generally unaware or the turbulence itself is minor.

How long does turbulence last?

Usually, turbulence lasts somewhere between 10 and 15 minutes.

What time of day is turbulence most common?

This tends to be at around 2pm-3pm in the afternoon.

Thank you for reading our unexpected turbulence injury claims guide.