Brussels Airlines Flight Personal Injury Claims Guide – How To Claim Compensation For A Accident on a Brussels Airlines Flight?
Most of us approach a flight with anticipation and excitement at the interesting new places that the aircraft will take us to. We are not thinking or even contemplating the accidents that could happen while on the aeroplane. Accidents could happen whilst travelling on an aircraft that can lead to injury or illness, spoiling not only your trip but having long lasting consequences. If for any reason you become injured or fall ill whilst on a Brussels Airlines flight then you should alert a member of the cabin crew as soon as you can. Not only will this ensure that you receive appropriate treatment as quickly as possible, it can also help if you decide to make a claim for damages at a later date. If you have been involved in a Brussels Airlines flight accident then we recommend speaking to one of our personal injury solicitors here at Legal Expert. With many years of experience in dealing with personal injury cases, they are in a great place to help you win the maximum compensation possible for your case. If you think you may have a personal injury claim then please call us today on 0800 073 8804.
Our helpful guide will help you to learn more about flight accidents that could occur whilst travelling with an airline. Read on to find out more.
Select A Section
- Our Guide To Claiming For Brussels Airlines Flight Accidents
- What Are Accidents On Aeroplanes?
- Am I Eligible To Claim Compensation For A Flight Accident?
- Air Passenger Rights In Case Of An Injury
- How Does The Montreal Convention Affect Your Rights As A Passenger?
- When Can I Sue An Airline For Injuries Resulting From Negligence?
- Have You Been Scalded Or Burned By A Hot Drink Or Food On A Plane?
- Disabled Passenger Injury Claims
- Service Trolley / Cart Impact Accidents
- I Slipped On A Brussels Airlines, Can I Claim?
- Overhead Luggage Bin Accident And Injury Claims
- Injuries That Could Be Suffered During Unexpected Turbulence
- Food Poisoning Claims
- Airline Food Allergy Claims
- Injuries That Could Be Caused By A Broken Seat
- I Am Suing My Airline For Negligence, What Can I Claim?
- Injury Claims Calculator
- No Win No Fee Brussels Flight Accident Claims Against Brussels Airlines
- Why Make A Brussels Airlines Aviation Accident Claim With Legal Expert?
- Contact Us
- Additional Resources
Fear of flying is very common and yet flying is the safest mode of transport. Aviation safety today is better than it has ever been. Over 4 billion passengers travel by aeroplane annually and yet the number of fatalities is tiny. Believe it or not, you could fly every day for 4 million years before experiencing a fatal air crash. These statistics are staggering. Whilst airline fatalities are practically non-existent, there are other situations in which you can become injured on an aeroplane. Brussels Airlines rating for safety is exemplary and they are in fact one of the safest airlines in the world. Despite the excellent reputation, accidents could happen while on board. Whilst planes are usually landed safely even when there is a mechanical problem, an emergency landing can cause injury as passengers attempt to leave the plane quickly via evacuation chutes. Even the more mundane tasks such as ordering refreshments, boarding and disembarking the plane and packing away luggage in an overhead locker can lead to injury if the procedures are not followed and due care is not taken. Fortunately, legislation exists to protect passengers when things go wrong due to no fault of their own. Even if your flight takes you outside of the UK, you can use international laws to make a claim against the airline for injuries that you have suffered due to negligence. An experienced personal injury lawyer will help you to navigate this tricky legislation and make a successful claim. Speak to Legal Expert today to see how we can help you.
Although nervous travellers may be checking which airline has the most crashes before they book their tickets, the reality is that a plane crash is not something that you need to be worried about. However, there are risks involved in air travel but perhaps not the ones you would expect. A large number of people experience injuries whilst they are boarding or disembarking the aircraft. This can be due to slippery steps or perhaps a tunnel which has not been properly connected to the plane. Food and drink service is also a potentially risky time, particularly if there is turbulence. Whilst cabin crew are serving hot food and drinks, spillages may occur leading to burns. This can also happen if food or drink has been heated to too high a temperature. Passengers may fall as they are moving around the aircraft or experience a collision with the service trolley, with painful results. Whilst travelling on an aircraft, if you are injured as a result of something that is not your fault then the airline may be liable as the cause of your pain and suffering. You may therefore usually be entitled to claim compensation.
If you have been involved in a Brussels Airlines flight accident that was not your fault and it can be proven that somebody working for the airline behaved negligently then you could be eligible to claim compensation. An example of this is the cabin crew’s failure to check and properly secure the overhead lockers before and during take off and landing resulting in falling luggage. You will not, however, be eligible to claim compensation if for example your injury is caused by a deep vein thrombosis, or hearing loss resulting from cabin pressure changes. These are considered to be the reaction of a passenger to normal expected operations of an aircraft.
Your rights as an air passenger vary depending on where you are in the world when your accident occurs and whether you are travelling on a package holiday. Travellers who have booked their package trip via a tour operator may be able to make a claim under the Package Tour Regulations 1992 if they are injured as a result of the airline’s negligence.
If you have taken an internal flight in the UK then your injury and subsequent compensation claim will be governed by UK law. If, however, you are travelling internationally then the terms of the Montreal Convention may protect you. As long as you can prove that the airline’s negligence was a direct cause of your injury then you may be able to make a claim under the Montreal Convention. Be aware however that there is a maximum amount of compensation that you can claim under the Convention, and this is capped at around £100,000 depending on the exchange rate. You are free to make a claim for any physical trauma but are not eligible to make a claim for emotional distress alone.
Another potential method of claiming can be explored if you have bought the flight using your credit card. If you spent more than £100 then the credit card company may cover you under the Consumer Credit Act 1974.
The Montreal Convention was ratified by 120 countries across the world in 1999. It sets out rules to help passengers who have experienced flight delays, cancellations, lost luggage and injuries whilst travelling. Article 17 deals with any injuries that have taken place whilst on board an aircraft. An airline takes responsibility for its passengers from the moment that they get on the plane to the point at which they disembark. If an airline can be proved to be responsible for the passenger’s pain and suffering then the passenger may be entitled to compensation under the Montreal Convention. Under the Convention, the personal injury claim time limit is just 2 years, so we recommend that you contact a personal injury solicitor as soon as possible to begin your case quickly.
It would be very unlucky to experience an injury on an aeroplane when air travel is so very safe and yet if accidents happen, you may want to claim the compensation that you are entitled to. Here are some of the accidents that could potentially occur and fall within the remit of Airlines responsibility:
- Burns from hot food or drink (such as hot coffee burns and hot tea burns) .
- Injuries suffered by disabled people who have not been offered appropriate assistance.
- Trolley accidents.
- Food poisoning.
- Food allergy illnesses.
- Slips, trips and falls.
- Injuries caused by luggage falling from overhead lockers.
- Injuries following turbulence.
Whether it’s an accident like those above or something different, ring our team and we’ll assess whether a claim would be appropriate.
On an aircraft, cabin crew are often serving hot food and drinks in a cramped space during potentially turbulent conditions. If a member of cabin crew serving you does not exercise appropriate care and caution then you may end up with a scald caused by a hot coffee burn or hot tea burn. It is also possible that food heated up on a plane is hotter than expected, and is also a potential cause of burns. Burns occurring on an aircraft can be rather serious as it is difficult to get the appropriate medical attention quickly enough. Whilst cabin crew may offer first aid treatment, you will be unable to see a proper clinician prior to landing. It is crucial that you speak to a Brussels Airlines representative if you do experience a burn whilst travelling on the aircraft, especially if it was due to the negligence of the airline. This will help you if you decide to a make a claim at a later date. As well as claiming for the pain and suffering caused by the burn, you may also be able to claim for loss of enjoyment as a result of your injury. Your solicitor will be able to find out exactly what you are eligible to claim for.
Disabled passengers are entitled to request special assistance when boarding and disembarking and travelling on the aircraft. Whilst it is helpful to book this in advance, somebody with a disability can request this assistance right up to the point of departure. If cabin crew have failed to provide the assistance needed whilst a disabled person is travelling on a plane, then the airline could be found liable for any injury that is received as a result. Examples of negligence include failing to ensure that the passenger is secured properly into their seat, failing to assist with any medication needed during the flight or failure to help the person move to and from the toilet, to board the aircraft and to disembark. According to the Montreal Convention, someone with a disability who has not been given appropriate assistance can claim for a physical injury but cannot claim for emotional distress alone.
Service trolleys are heavy and so any accident involving a collision can be very serious. Passengers could be injured when their limbs are sticking out into the aisle, perhaps when they are asleep and unaware of the movement of the trolley. A collision with a service cart can lead to sprains, fractures and even broken bones.
Slips and trips could be more common when people are moving around during boarding and disembarkation. These times can be particularly hazardous if stairs have not been properly attached to the aeroplane or are slippy. Slips, trips and falls could also occur if obstacles have been left in the aisle as passengers move around the cabin. Fractures, sprains and muscle damage could occur if a passenger slips, trips or falls. If you fall because you are rushing to, from or around the aeroplane then this would not constitute negligence. However, if you can show that your fall was caused by the negligence of the airline then a personal injury claim solicitor could help you to receive the damages that you deserve.
It is the responsibility of the cabin crew to check the overhead lockers prior to take off and landing to ensure that they are properly secured. If the staff fail to do this and you are injured by falling luggage as a result then you may have a claim. More and more people are taking heavy cabin bags on board to save the hassle of collecting hold luggage. If heavy and hard luggage falls from a height onto you then this could cause serious injury. Head injuries are not uncommon in this situation and that could lead to further problems in the future. As long as you are able to prove that the airline was negligent and this was the cause of your injury then you could make a claim following an overhead luggage bin injury.
If a flight gets bumpy, the flight crew will normally advise passengers to secure their seatbelts and cabin crew will take more care whilst moving around the cabin and serving refreshments. They may also need to take a seat in severe turbulence. If the appropriate precautions such as turning the seat belt sign on, are not taken then serious injuries could occur. Extreme turbulence can lead to fractures and broken bones if passengers are not secured in their seat.
It is possible that you could experience food poisoning after eating meals or snacks on the plane, if failure to heat the food thoroughly enough, using food past its use-by date or storing it inappropriately. If you have experienced food poisoning symptoms following a flight and believe that the food consumed on the aircraft may be to blame then you should contact a personal injury lawyer.
A passenger with allergies can have severe reactions if the food they are served contains a particular allergen. If the airline have been advised of the individual’s food allergy and have served them food containing the allergen anyway then the passenger may be able to claim compensation due to the airline’s negligence if an injury is suffered.
Airline staff have a duty to check the plane thoroughly prior to boarding. If they have failed to repair a faulty chair and a passenger is then injured by this faulty chair then they may be able to make a claim. This can include sharp edges causing lacerations or faulty mechanisms leading to injury.
There are a number of things you can claim for if you are seeking damages following an injury incurred on an aircraft. A personal injury lawyer will be able to explain this to you in detail and will be able to establish what you may be entitled to receive. In general, the categories are as follows:
- Pain and suffering. This compensates individuals for the pain and suffering they have experienced as a result of their injuries.
- Loss of earnings. If you have been unable to work as a result of your injuries or may be unable to work in the future then you can claim loss of earnings or loss of future earnings.
- General expenses. If you have any out of pocket expenses as a result of your injury such as medical expenses or travel expenses then as long as you keep any relevant documentation and receipts you may be able to claim these back as long as they are directly related to your injury.
- Care costs. If following your injury you were unable to care for yourself at home and required assistance then you can claim for the care costs associated with this.
Although a personal injury claims calculator can be useful in giving you an estimate of the compensation you may be able to receive, there is no substitute for the expert advice of a professional. This table gives you a rough idea but please contact Legal Expert so that we can give you a more accurate figure.
|Injury Type||Severity of Injury||Compensation Amounts||Information|
|Head Injury||Moderate Brain Damage||£37,760 to £192,090||These injuries range from concentration and memory issues, ability to work is reduced, risk of epilepsy to severe intellectual deficit and effects of speech, sight and senses.|
|Head Injury||Minor Brain or Head Injury||£1,940 to £11,200||In these cases brain damage if any will have been minimal and the lower bracket reflects recovery within weeks.|
|Neck Injury||Moderate Neck Injury||£6,920 to £33,750||These injuries will range from soft tissue damage with further trauma possible, serious limitation of movement, permanent or recurring pain to injuries associated with dislocations and severe fractures.|
|Neck Injury||Mild Neck Injury||Up to £2,150 to £6,920||Lower bracket reflects recovery within three months, to short-term acceleration and/or exacerbation injuries, duration of the soft tissue injury will play a major factor.|
|Shoulder Injury||Serious Shoulder Injury||£11,200 to £16,830||Dislocation to the shoulder causing back issues, pain to the neck and elbow and gripping issues to the hand.|
|Arm Injury||Permanent and Substantial Disablement||£34,340 to £52,490||Serious fractures to one or both forearms leading to disability.|
|Arm Injury||Simple Fractures of the Forearm||£5,810 to £16,380||Fractures to forearm.|
|Hand Injury||Serious Hand Injuries||£25,430 to £54,280||Brackets include 50 percent reduced capacity, possible amputation and rejoining of fingers, or amputation of some fingers together with part of the palm resulting in gross diminution of grip.|
|Hand Injury||Minor to Moderate Hand Injuries||£800 to £11,640||Brackets include crush injuries, penetrating wounds, soft tissue type and deep lacerations, impaired function to permanent disability.|
|Hip/Pelvis Injury||Moderate Injuries||£11,040 to £34,340||These brackets involve hip replacement or other surgery to significant pelvis injury.|
|Back Injury||Moderate Injury to the Back||£10,970 to 34,000||Disturbance of ligaments, soft tissue injuries, prolapsed discs necessitating laminectomy or resulting in repeated relapses to residual disability, traumatic spondylolisthesis with continuous pain requiring spinal fusion.|
|Back Injury||Minor Back Injury||Up to £2,150 to £10,970||Brackets include soft tissue injuries, strains and sprains, recovery time plays an important factor.|
|Leg Injury||Moderate Injury to the Leg||£24,340 to £34,370||Multiple fractures, severe crushing, future surgery; imperfect union of fractures, muscle wasting with a possible impact on employment.|
|Leg Injury||Less Serious Injuries to the Leg||Up to £10,380 to £24,340||Simple fractures to the tibia and fibula to serious leg fractures with incomplete recovery.|
|Ankle Injury||Modest Injuries||Up to £12,050||Minor displaced fractures, ligament damage, sprains, recovery will determine the amount.|
|Foot Injury||Modest to Moderate Injury||Up to £12,050 to £21,910||Fractures to the foot that could lead to permanent deformity.|
|Scarring||Trivial Scarring||£1,500 to £3,090||One scar which may be covered to some small scars.|
|Food Poison||Significant Illness||£3,460 to £8,360||Stomach pains, cramps alteration of bowel function, recovery within a couple of years.|
|Food Poison||Minor||£800 to £3,460||Disabling pain, cramps and diarrhoea.|
Legal Expert operates on a no win, no fee basis. If you decide to bring a claim following your Brussels Airlines flight accident then we will take on your case without asking for any money upfront. With Legal Expert you can feel confident there will be no hidden costs or upfront charges. Our no win, no fee agreement states that you will only owe us money if you are successful in winning your case. In this scenario, our fee will be taken from your final payout so you will never be left out of pocket. If for any reason you are not successful in winning your case then you won’t owe us a penny in legal fees.
Legal Expert care about our clients. This is why we believe we are the right option for you, along with the fact that we have many years of experience and many experts in the field of personal injury. We do our best to make sure cases run as smoothly as possible for our clients and try to make the process as stress-free as we can. We understand that our clients will be going through a difficult time both physically and emotionally. Call our friendly team today to find out more about the service we offer and the ways in which we can help you win your case.
Call Legal Expert today on 0800 073 8804. Alternatively use the contact form on our website and we will get back to you at a time that you tell us is convenient. We look forward to helping you.
Flight claims for accidents – Your questions could be answered here.
Compensation for delays – Find out if you can claim here
GOV – Disabled passengers – Find out what the government says about disabled passengers.
Edited By Melissa.