Airline And Aeroplane Injury Claims Guide – How To Claim Compensation After A Accident on a Airline or Aeroplane?
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 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 to launch your airline negligence case.
Select A Section
- A Guide To Airline Injury Claims
- What Are Airline Injury Claims?
- What Accidents And Airline Injury Claims Can We Handle?
- Can You Claim Under The Montreal Convention For Airline Injuries On An International Flight?
- Airline Injury Claims Against A Package Holiday Company
- Airline Injury Claims Made On Behalf Of A Child
- What Time Limits Are There For Aeroplane Injury Claims?
- What Damages Can Be Included In An Airline Injury Claim?
- Airline Injury Claim Personal Injury Calculator
- No Win No Fee Airline Injury Claims
- How We Can Help People Make Aeroplane Injury Claims
- Contact Legal Expert Today
- Additional Resources
Despite there having been several very public or high profile examples of air crashes in recent years, air travel today is statistically the safest way to travel. 2017 was, once again, the safest year on record for air travel. During 2017 there were no crashes of commercial passenger aircraft. This is despite the number of commercial flights, and the number of passengers increasing year-on-year.
If you have been involved in any type of airline accident or injury in the past two – three years, and you can show that someone else, such as your airline, were to blame, we could help you make an airline injury claim.
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, this is not the case. Sadly, there are many different ways in which someone can be harmed whilst on an aircraft, thankfully though, most of these are far less dramatic than a plane crash. Other Ways in which people can be harmed whilst on a plane include:
- 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 which 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, you can contact our team today.
In-flight injuries on airplanes compensation claims can be made in a variety of different circumstances. However there are some forms of flight accident claims which our personal injury lawyers and solicitors will see more often than others
- Slips, trips and falls, which could happen when boarding or disembarking 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 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 luggage falling from an overhead storage bin.
To learn more or make an enquiry, contact our team today about your airline claim.
Montreal Convention personal injury claims can only be made for flights between international airports of signatory countries. The convention was signed in 1999 and it was designed to establish the airlines liability in the event of injury or even 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 straight forward. The Montreal Convention places signatory countries and airlines under a 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.
You can find out more about the Montreal Convention by clicking the link at the bottom of this guide.
If your accident or injury happened whilst you were on a flight which 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 1992 Package Travel Regulations, 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,
If you are the parent or guardian of a child (anyone under the age of eighteen) who have been harmed in an airline accident, you could claim compensation for the injuries they suffered on their behalf. Anyone under the age of eighteen is not legally able to bring a claim in their own right and needs someone else to do this for them. Alternatively, such claims have a longer time limit running (for someone claiming on behalf of the child) till they are eighteen, or (for the then adult claimant) from their 18th to their 21st birthday.
Anyone under the age of eighteen will need a litigation friend to act on their behalf. This UK government guide provides more information as to what a litigation friend is, and how the process works.
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.
|Airline Injury Claim Time Limits|
|Applicable Legislation||Time Limit|
|General claim||3 years|
|Package Travel Regulations, 1992||3 years|
|Montreal Convention||2 years|
International agreements and conventions, as well as EU law have been incorporated into UK law. This means that you can claim damages from the airline responsible for the harm you have suffered (either physical or mental harm) as a direct result of the airlines negligence. This is covered by what is called by general damages. In many cases this will be the largest part of your total compensation settlement. 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 are a type of compensation which is awarded to a claimant to compensate them to for any costs and/ or expenses which are directly related to the accident and injury. Examples of special damages which people can commonly claim for might include things such as the cost of medical treatments or appointments, care in the home, adaptations to a home or vehicle, the costs of returning home in an emergency and even any loss of income which came as a result of the injury.
We always advise people to keep a record of any costs that they have had to meet, as well as copies of official invoices and receipts. These can be used later in your claim.
There are many personal injury claims calculators available online for all different types of injury or circumstances of 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 are often the severity and the nature of how you were harmed.
In the our personal injury claim calculator we have included examples of different ways in which you might have been injured on a flight, and the upper as well as lower limit within which your settlement may fall.
|Body Part Injured And Severity Of Injury||Potential Settlement||Comments/ Notes|
|Leg Injuries - minor||Up to £10,380||Soft tissue damage/ injury such as an abrasion or minor levels of fracture. No long term damage.|
|Leg injuries - less serious||From £15,750 to £24,340||More serious than above. The injury may restrict use of the leg whilst healing.|
|Leg injuries - moderate||From £24,340 to £34,370||More complicated fractures, such as a compound fractured leg. May also include a dislocated leg joint.|
|Leg injuries - severe||From £84,400 to £119,210||Again, a more serious level of injury which can or will restrict movement in this leg and possibly overall.|
|Leg injuries - serious||From £48,080 to £74,150||Serious injuries to the leg may result in permanent levels of immobility in the affected leg.|
|Neck injuries - minor||upto £2,150||Soft tissue damage/ injury such as an abrasion. There will be no long term damage or effect expected.|
|Neck Injuries - moderate||From £211,150 to £247,280||These injuries may take some time to recover/ heal from.|
|Neck injuries - serious||From £91,910 to £120,530||There will be pain accompanying this injury whilst may restrict neck and shoulder mobility.|
|Back injuries - minor||Up to £10,970||Minor back injuries such as abrasions, bruising and other forms of soft tissue injury. Could also include strains and sprains in the back muscles. No significant permanent injury.|
|Back injuries - moderate||From £10,970 to £34,000||These injuries can affect soft tissue such as connective tissue or the muscles. There may be damage to any parts of the back individually or as a whole. During recovery there will be some levels of pain, however there should not be permanent or lasting damage to you.|
Please remember that your aeroplane injury claim and settlement will be unique to you and that these figures should only ever be used as a guide. Talk to a specialist personal injury solicitor to find out how much you could claim.
If you have been injured on a flight as a passenger it will almost always be the case that the airline is responsible for your accident and injury. As such, we offer claimants the chance to make flight accident claims through a no win no fee agreement. This means that in almost all cases, you will not have to pay any fees to your personal injury solicitor if they do not recover any compensation for you.
If your air accident claim is successful, the solicitors fees could be deducted from the compensation settlement. However, in some cases, these costs could be paid for by the airlines insurance company as a part of your cost. This is often the way in which fees are paid for under a no win no fee agreement.
At the start of your airline injury claim, we will explain in detail how your claim can be funded and the different options which are open to you. You can read more about how our no win no fee service can help you in this guide.
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.
When we work with you to make your airline injury claim, there are several pieces of UK or Eu legislation, as well as international conventions which we can use to hold the airline who caused your injury to account.
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 airlines staff, or the airline as a whole.
If you are claiming compensation for in-flight injuries on airplanes 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 airlines 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.
If after reading our guide to airline injury claims you feel that you do have a 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;
However you choose to get in touch with our team, we are here and ready to start your claim.
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.
The Montreal Convention – The International Air Transport Association
This is a more detailed guide on the Montreal Convention in air passenger rights and airline obligations on international flights, including nations which have ratified the convention.
The Civil Aviation Authority
This is the UK’s dedicated airline regulator. At their site you can find out more information on your rights as a passenger, and what to do if things go wrong with your flight.
International Air Transport Association
On this page from the IATA you can find out more information about the Montreal Convention and how it affects your air passenger rights on an international flight.
EU Air Passenger Rights
In this page from ‘Your European Union’ you can find out more about air passenger rights in the EU, which can benefit you in the event of an accident or incident.
British Airways Flight Accident Claims
If you have been injured, had an accident, suffered food poisoning, or otherwise been harmed on a British Airways flight, view this guide.