FlyBMI Flight Personal Injury Claims Guide – How Much Compensation Can I Claim For A Accident on British Midland Regional
Travelling by plane should be a relaxing and exciting experience as you take off to visit new and exciting places. However, on occasion things can go wrong and if you have been injured or experienced sickness as a passenger or a member of FlyBMI crew then you may be able to make a compensation claim if this was caused by something FlyBMI was at fault for. If you can prove that the airline was negligent and this negligence lead to your injury or illness then you may be entitled to compensation. Our personal injury solicitors at Legal Expert will be able to help you to claim these damages using a number of different types of legislation and regulations governing air travel. Please call us today on 0800 073 8804. Our friendly and helpful team will be able to direct you to a legal professional who can help with your claim.
Read on to find out more about claiming compensation for a FlyBMI flight accident.
Select A Section
- A Guide To FlyBMI In-Flight Accidents On Aircraft
- What Is British Midland Regional FlyBMI Inflight Accident Or Injury?
- Am I Eligible To Make An Aviation Accident Claim?
- UK Airline Passenger Rights
- Montreal Convention International Flight Passenger Rights
- Accidents And Injuries You Can Claim For
- Burned By Hot Food Or A Hot Drink On A Plane
- Claims For Accidents To Disabled Airline Passengers
- Trolley And Service Cart Accident Injuries
- Slips/ Trips/ Falls When On Your Aircraft
- Passenger Injuries Caused By Luggage Falling From Overhead Cabins
- Injured After Turbulence During A FlyBMI Flight
- Claims For Food Poisoning And Sickness On A Plane
- FlyBMI Food Allergy Claims
- Faulty, Damaged, And Broken Seating Injuries
- What Can My Airline Accident Claim Include?
- FlyBMI Flight Accident Compensation Calculator
- No Win No Fee Airline Accident Claims
- How To Claim Compensation With Legal Expert
- Contact Us
- Additional Resources
On the whole modern air travel is very safe. Although it may seem a little unnatural to be flying at 35,000 feet, the risk of suffering a fatality on a commercial flight is virtually zero. Whilst the statistics are reassuring, there are other ways in which injury can occur during a flight. An aeroplane does not need to crash in order for passengers to be harmed. Injuries can occur on an aircraft as a result of falling luggage, scalds from hot food or drink and injuries caused by turbulence amongst other things. Thanks to international legislation, even if you are flying outside of UK airspace you may still be entitled to claim compensation for your injuries if it can be proved that the airline or somebody that works for the airline behaved negligently. An experienced personal injury solicitor will be able to help you to make a successful claim. Call Legal Expert today and speak to one of our trusty advisors. We will be able to provide you with the right personal injury solicitor for your case.
Although many nervous travellers maybe imagining a catastrophic crash when they board a plane, the reality is that serious air incidents involving fatalities are actually incredibly rare. A much greater risk lies in the more mundane aspects of air travel. Passengers can suffer injuries either minor or severe whilst boarding or exiting a plane, having luggage fall on them from overhead lockers whilst travelling on the plane, having hot drinks spilt on them during food service on the aeroplane or even suffering injury during turbulence on the flight. Passengers may also become injured following a slip trip or fall on the aircraft. All of these incidents could be assessed as being the fault of the airline and as a result, the victim may be able to claim damages to compensate them for the injuries they have suffered.
There are certain criteria that must be fulfilled in order to make an aviation accident claim. This means that illness and injury such as a deep vein thrombosis (DVT) would not be considered the fault of FlyBMI. DVTs occur as the result of a person’s own physical reaction to long-haul aeroplane travel. Hearing loss caused by changes in the cabin pressure would also not be recognised as the fault of the airline as changes in pressure are a normal part of air travel. If however a passenger can prove that the injury was caused by the negligence of the pilots or cabin crew, such as a spilled drink or failure to properly close an overhead locker then they may be eligible to make an air accident claim.
Claiming for a FlyBMI flight accident can be tricky as the law can vary depending on where you are in the world and how you booked your holiday. If you booked your flight as part of a package holiday then you may be covered under the package tour regulations 1992 which holds tour operators liable when a third party is negligent, causing injury to a customer.
On the whole, plane travel between countries will be covered by the Montreal Convention 1999. If a passenger can prove that they were involved in an accident then they can usually make a claim under the convention as long as it can be proved that the airline was negligent.
If you are flying from, or arriving at an EU Airport then you may be covered under EU Law. A personal injury solicitor will be able to help you navigate the complex regulations associated with EU Law. The civil aviation authority has more information about resolving your travel problems.
Under the Montreal convention, there is an upper limit to the amount of compensation you can claim and this is capped at around £100,000. The exact figure depends on exchange rates at the time. Whilst passengers can claim for physical trauma against a negligent airline and the psychological trauma associated with this, they may not make a claim solely for psychological trauma unless an injury also occurred.
It is worth bearing in mind that if you paid for your flight with a credit card and the flight cost more than £100 then you may be able to make a claim against your credit card company thanks to the consumer Credit Act 1974. This is a useful loophole if you find that you are not covered by either the Montreal convention or the package travel regulations 1992.
Set out in 1999, the Montreal convention was signed by 120 countries who agreed a set of rules governing compensation for air passengers. It enables travellers on international flights to claim damages not only for disruption to schedules and lost luggage but also for injury.
Article 17 governs injuries suffered by passengers assuming that the airline can be proved to be responsible for those injuries. An airline’s responsibility begins from the moment the passenger boards the plane, to the moment they disembark.
If you have suffered a FlyBMI flight accident then you should be aware that the personal injury claims time limit is only two years from the date that the injury occurred under the Montreal convention. Therefore, do not delay. If you think you may have an air travel accident claim, contact a personal injury lawyer as soon as possible.
The Montreal convention does not cover domestic flights within the UK. However, if you have suffered an injury whilst on a flight within the UK then you may be able to make an aircraft accident compensation claim using the UK legal system.
On the rare occasion that accidents occur on an aeroplane, you may wish to claim damages if you have been injured. Some of the most common accidents which are the responsibility of the airline include:
- Scalds from coffee burns or tea burns whilst refreshments are being served or being served food that has been heated to a higher temperature than is appropriate.
- Accidents involving disabled passengers who have not received appropriate assistance.
- Trolley accidents occurring either in the walkway of the aeroplane or the vestibule.
- Overhead locker accidents where doors have not been properly checked or secured.
- Food allergies or food poisoning from inappropriately prepared meals and snacks.
- Slips and falls which may have occurred due to obstacles or poorly maintained flooring.
- Injuries caused by turbulence. Whilst the occurrence of turbulence is not always within the pilot’s control, any injuries suffered by a passenger as a result of a particularly bumpy ride may still be claimable against FlyBMI.
If you have been burnt by hot food or drink on an aeroplane, then you may sustain a serious injury that requires medical attention. If you need to wait until the plane lands to receive this medical attention then they burn may have become even more serious due to the delay. Injuries caused by burns on an aeroplane do not usually require any proof of negligence. It is enough to show that you were injured on board and the injury was not your fault. You could be eligible for compensation even if a hot drink was spilled on you by another passenger rather than by the cabin crew. This is thanks to the Montreal convention which dictates that all accidents are the responsibility of the airline from the time at which a passenger boards the plane to the moment that they disembark. If you are injured by a burn it is important that you report the injury to the cabin crew. Not only will this help you in your compensation claim but it will also allow you to access first aid treatment whilst you are still on the aircraft. You may be able to claim not only for the pain and suffering you have experienced as a result of the injury but also for the loss of enjoyment you have suffered whilst on holiday. You can also claim special damages for medical treatment and other out-of-pocket expenses that you have incurred as a result of the burn. A personal injury solicitor will help you to claim as much as you are entitled to in damages to compensate you for your suffering.
If you have a disability or are less mobile then the airline that you are travelling with have a responsibility to provide all possible assistance. All airline staff should have received appropriate disability awareness training to be able to help you with your requirements. You can ask for help to board and disembark the plane and to use the toilet whilst on your journey. If you have suffered an injury whilst on a plane journey because airline staff failed to provide appropriate assistance then you can make a claim against them. This can include failing to help you secure your airline seat, failing to bring you any medication that you require during the flight or failing to pay due care and attention whilst helping you to move around the aeroplane as well as boarding and disembarking. Airline staff are obliged to assist you even if they have not been giving prior notice of your disability.
Under the Montreal convention however, you will only be entitled to make a personal injury claim if you have sustained a physical injury, you will not be entitled to claim for mental anguish or upset.
Trolleys and service carts are heavy pieces of equipment and if you are involved in a trolley accident then you may suffer a serious injury that is painful not only in the moment but can cause problems into the future. Trolley accidents can be caused as a result of trolleys being left unattended or by a collision with a trolley whilst it is being pushed. A collision can occur either because the cabin crew were not paying enough attention or perhaps because a passenger has fallen asleep with their arms or legs sticking out into the aisle. A heavy trolley cart could easily fracture a limb following a collision. If you have been injured by a trolley during your flight then you can make a claim for an in flight injury on the aeroplane.
There are a number of instances that can lead to slips trips and falls on an aeroplane. Boarding and disembarking a plane are the times during which trips are most common. If the stairs have not been properly fastened to the aeroplane or hazards were present then accidents can easily happen. You may also fall over obstacles left in the way whilst aboard the aircraft, or may trip over floor coverings that have not been properly secured. Slips trips and falls can lead to nasty injuries such as fractures, sprains and muscle damage. As long as you can prove that the slip trip or fall was not your fault then you may have a claim. You are unlikely to be able to prove negligence if you fell over whilst hurrying or because you fell over your own feet, unless the urgency was caused by an emergency situation on the aircraft. If you have been injured in this way then we advise that you speak to a personal injury claims solicitor who will help you achieve the damages that you are entitled to.
If the cabin crew have not checked or secured the overhead lockers properly then there is a very real danger that luggage may fall from the lockers during flight. This can be a serious issue if you are struck by falling luggage. Many cases and bags are heavy and have hard casing which can lead to serious head injuries. You may even be knocked unconscious. If you are very unlucky these head injuries can have a lasting impact. As long as you can prove that the airline was negligent in causing the accident to happen, you will have a claim for compensation.
There are situations in which the pilot is unable to anticipate turbulence and the flight can get bumpy. It is also possible that the flight crew expect turbulence to occur but fail to warn the passengers or the cabin crew. Whatever the reason, if you have been involved in severe turbulence then you may have experienced an injury. Very bad turbulence can even lead to fractures and broken bones, particularly if passengers have not been advised to fasten their seat belts. According to the Montreal Convention, a scenario involving turbulence, whether or not it is the fault of the flight crew would make an injured passenger liable to receive compensation.
If food has been inappropriately prepared on an aeroplane and this leads to food poisoning then you may be able to make a claim. Food poisoning on a plane can be caused by food that has not been heated to a high enough temperature, food that is out of date or food that has not been stored properly. In each of these scenarios, it could be proved that the airline has acted negligently, in which case you will be entitled to damages.
You may also be able to claim compensation if you have informed the airline that you suffer from an allergy and have then been served food or drink containing that allergen. Or, if it was prepackaged food that did not correctly list allergens. If you have suffered from a allergic reaction and want to claim compensation get free advice today.
If seating has not been checked by the airline crew to ensure its safety and you are injured due to a faulty mechanism or a sharp protrusion and this leads to injury then you may have a claim. As long as your injury was no fault of your own, you could be entitled to compensation.
As well as claiming damages for pain and suffering following your injury, there are a number of other things you can seek as part of your FlyBMI compensation claim. If you have incurred any out of pocket medical or travel expenses as a result of your injury then be sure to keep any receipts or evidence as you may be able to claim these back. Following your injury you may have been unable to work for a period of time. If this is the case and it is directly attributable to your injury than you may be able to make a claim for loss of earnings. If your injury is likely to have a long-term impact upon your health and you are unable to work in the future then you can also claim for loss of future earnings. You may also have required help around the house during your period of rehabilitation. The person who has been caring for you may be able to claim care costs as a result of this.
This table will give some idea of the amount of compensation you may be able to expect.
|Type of Injury||Further detail||Compensation amount|
|Mental Anguish||Fear of impending death||£4,100|
|Neck injury (severe)||Injury may result in paralysis causing restrictions in movement and pain.||up to £130, 060|
|Neck injury (serious)||Fracture or dislocation causing ongoing disability and pain.||£39,870 to £49,090|
|Neck injury (moderate)||Soft tissue injury causing limitations in mobility and pain.||£12,050 to £21,910|
|Neck injury (moderate)||Soft tissue injury which makes a pre-existing condition worse.||£6,920 to £12,050|
|Neck injury (minor)||Minor soft tissue injury where a complete recovery is expected within a year or two.||£3,810 to £6,920|
|Severe head injury||Causing brain damage and permanent disability||£192,090 - £247, 280|
|Less severe brain damage||Recovery expected but some change in ability of cognitive function||£13,430 - £37,760|
|Back injury (severe)||Spine and nerve damage causing restrictions in movement.||£79,890 to £141,150|
|Arm injuries (severe)||Ongoing loss of movement in an arm.||£84,310 to £114,810|
|Arm injury (severe)||An fracture leading to permanent disability.||£34,340 to £52,490|
|Arm injury (moderate)||Partial recovery but permanent restriction of movement in the arm.||£16,830 to £34,340|
|Moderate or minor elbow injury||Full recovery expected after suffering a laceration.||up to £11,040|
|Leg injury (serious)||Long-term disability caused by injury||£34,370 to £48,080|
|Leg injury (less severe)||Chronic pain caused by an injury.||£15,750 to £24,340|
|Severe illness without trauma||Vomiting, diarrhoea and nausea caused by food poisoning.||£33,700 to £46,040|
|Moderate illness without trauma||Short but severe food poisoning symptoms.||£3,460 to £8,360|
Legal Expert offer a no win, no fee service. This means that following our free no obligation consultation, if you decide to launch a case with Legal Expert then you will not pay as a penny until you successfully win your case. If for any reason your case is unsuccessful then you will not owe your solicitor anything at all. In the event that you successfully win your damages then the legal fee will be taken from the final payout. No win no fee contracts mean no financial burden for the claimant during an already difficult time.
Legal Expert have many years’ experience in dealing with flight personal injury cases. Our friendly team of experts will support you throughout your legal case. There are many companies out there offering help with compensation claims, but Legal Expert offer the added advantage of truly caring for our clients. We do everything we can to make the case go as smoothly as possible on your behalf. We deal with as much of the work as we can, reducing the burden on you as much as possible. We understand that you are experiencing an emotionally and physically difficult time and do all we can to keep any disruption to a minimum.
Compensation – Delays to flight – When flights are delayed, can you claim? See here for answers.
More on flight accidents – More on accidents on flights
CAA site – Look at the CAA website here.