KLM Flight Personal Injury Claims Guide – How To Claim Compensation For A Accident on a KLM Flight?
This is a guide to making a compensation claim if you have suffered a KLM flight accident. We generally think of plane accidents as being catastrophic crashes with many deaths. In reality, there are a very many other ways a person can come to harm on a plane that are less serious than a plane crash. This guide covers many of these, and explains how you may be eligible to make a claim against the airline.
When you reach the bottom of this guide, you might have some questions that have not been answered. Every claim is different, and we cannot cover every eventuality in this guide. If you do need some help, please feel free to speak to one of the Legal Expert claims team on 0800 073 8804
. They will be able to give you the help that you need.
Select A Section:
- A Guide To KLM Airline Flight Accident Claims
- What Is An Aircraft Accident Or Incident?
- Eligibility To Claim Compensation For An Airline Injury
- UK Air Passenger Rights
- The Montreal Convention And Passenger Rights On International Flights
- Incidences Where You Could Sue An Airline For Negligence
- Claims For Burns By Hot Drinks Or Hot Foods
- Negligence Causing A Disabled Passenger An Injury
- Trolley And Service Car Impact Accidents
- Slips, Trips, And Falls Inflight Or On The Ground
- Injuries From Luggage Falling On Your Head
- Injured After Unexpected Turbulence?
- Food Poisoning and Food Allergies
- Broken Or Faulty Seat Injuries
- What Can My KLM Accident Claim Compensate Me For?
- How Much Can I Claim For My KLM Accident Injuries?
- No Win No Fee Accident Claims Against KLM Air
- Sue Your Airline For Negligence With Legal Expert
- Contact Us
- Additional Resources
A Guide To KLM Airline Flight Accident Claims
You will find that this guide begins by giving some solid background information about why you may be eligible to make a claim, and how to move your claim forward. This includes an overview of your rights as a passenger, and also how the Montreal Convention assures that you maintain the ability to claim even when you are injured on a plane that is in international airspace.
The following part of this guide, goes over some of the most common reasons why people make claims against an airline, and this will include:
- Burns and scalds caused by spilt drinks and food.
- Injuries caused by the negligent handling of a disabled passenger.
- Accidents that involve the service of foods, drinks, and other items.
- Slips, trips and falls.
- Accidents involving passenger luggage.
- Injuries sustained during air turbulence.
- Food-related illness as well as allergic reactions to food.
- Injuries caused by broken fittings such as seats.
The final sections of this guide cover specific facts that relate to the claim. We cover the most common types of damages people receive and also present a table that details typical compensation ranges for a variety of injuries. In this part of the guide, we also give an overview of the Legal Expert claims service and explain why we believe this is the simplest, most effective way for you to have your claim processed, with no financial risk. If you have any questions about this claims service, or the contents of this guide, one of our claim advisors will be happy to assist you. Contact them on the telephone number at the end of the guide. For some more detailed information related to passenger safety, the Civil Aviation Authority has published this guide: CAA guide to aviation safety
What Is An Aircraft Accident Or Incident?
Take a look at the graph above. One thing you need to take away from it is that fatal airline accidents are actually very rare indeed. Statistically, one in three million passengers die in an airline accident. Compare this to the UK average of one in 18 thousand or so car drivers and passengers, and you can see why a flight is the safest form of travel. Yet we need to consider that not all plane accidents involve fatalities. There are many other ways that a passenger can come to harm that doesn’t involve a plane crash.
This guide will tackle these kinds of accidents, illness and injuries. We will cover everything from trivial slips, trips and falls, through to cases of negligence that result in harm to a disabled passenger in some way. No matter how you come to harm whilst travelling by air, Legal Expert can help you to process a claim for airline injury compensation. Speak to one of our claim advisors on the number at the bottom of the of the page to learn how.
Eligibility To Claim Compensation For An Airline Injury
In order for you to be eligible to make a personal injury claim for an injury or illness on a plane flight, then the airline itself will need to be at least partially liable for the harm you came to. For example, having a hot drink spilt on you by one of the cabin crew. However, other situations are not so clear cut.
Additionally, you may have contributed to the harm you have been caused. This doesn’t mean that you cannot make a claim; it just means that the other parties involved will have less liability. Your solicitor would negotiate a percentage of liability with the defendant’s legal team, and the compensation paid would be driven by this agreed percentage of liability. To find out whether you are eligible to make a claim, use the contact number at the end of the page to speak to one of the Legal Expert claims team. They will be able to tell you whether you have a valid claim or not.
UK Air Passenger Rights
You have a very specific set of rights as an airline passenger, which your personal injury lawyer will understand in order to be able to successfully process a claim for you. In general, your rights include:
- That the airline must provide you with a written copy of your rights before you fly.
- That you have the right to claim for injury or illness.
- You have the right to be compensated for delayed flights.
- You have the right to be compensated for lost or damaged luggage.
- You have the right to expect an advanced payment to cover ad-hoc costs before your claim is fully settled.
For more detailed information on your rights as an airline passenger, see this link: Your rights as an airline passenger explained
The Montreal Convention And Passenger Rights On International Flights
Consider for a moment, the fact that for every nation in the world, their legal jurisdiction only extends for 3 miles outside of their natural borders (sea and air). So, what happens if an accident happens on a plane that is international airspace? It is subject to no national jurisdiction and laws.
This is where the Montreal Convention comes in. Under the Montreal Convention, personal injury claims are possible due to the legal framework. In effect, this legal framework comes into effect the moment the plane passes into international airspace. The rights that were outlined above are then enforced. Within the legal framework it states that if an accident happens while inflight a passenger has two years from the date or discovery of the injury to pursue a claim. Legal Expert understands the Montreal Convention, and we can help you to make a claim for an injury or illness by leveraging it. Speak to one of our claims experts on the number at the bottom of the page to proceed.
Incidences Where You Could Sue An Airline For Negligence
There are many reasons why a person may sue an airline for negligence. There are a number or types of claims that are much more common than others, and these include:
- Burns and scalds caused by hot food and drink being spilt.
- Disabled passengers who are injured by cabin crew who are attempting to assist them.
- Injuries that are caused by the service trolley.
- Foodborne illnesses such as food poisoning, and also allergic reactions to airline food.
- Luggage falling from an overhead locker or causing a trip hazard in the aisle.
- Slips, trips and falls.
- In-flight turbulence causing accidents and injuries.
Claims For Burns By Hot Drinks Or Hot Foods
If one of the cabin crew has an accident while serving you with refreshments, and this results in a hot tea burn or hot coffee burn, then you could be able to claim for the injury. Even if the spillage was not entirely the fault of the person serving you, as long as they were partially at fault, Legal Expert could help you to make a claim. Our expert claim advisors will be able to tell you more about this, and you can contact them on the telephone number at the end of the guide.
Negligence Causing A Disabled Passenger An Injury
All airline staff and this includes not only the cabin crew but all customer-facing employees, are trained to meet the needs of disabled passengers. Therefore, if they cause an injury to a disabled person while trying to help them, they may have been negligent, and a valid reason to make a claim could well exist.
You can find some excellent information about travelling as a disabled passenger, at this link: UK Government information for disabled passengers on planes
Trolley And Service Car Impact Accidents
The cabin crew is expected to serve passengers from the food and drink trolley safely in the confined space. They are trained to do this. However, trolley accidents do still happen quite frequently. If a member of the cabin crew causes the accident either by not controlling the trolley safely or leaving it in a place where it causes an obstruction, then you could have a valid reason to make a claim. Legal Expert should be able to process this kind of claim for you. One of our claim advisors will be able to tell you how, on the number at the bottom of this page.
Slips, Trips, And Falls Inflight Or On The Ground
The most common of all airline claims is for simple slip, trip and fall accidents. These can happen at any time and in any place. Typically, they are caused by hazards such as:
- Tripping on the steps while boarding or disembarking a place.
- Tripping over luggage left in the aisle of the plane.
- Slipping on a wet floor in the bathroom of a plane.
- Slipping on spilt food on the floor of the plane.
No matter how your slip, trip or fall happens, Legal Expert should be able to help you to make a claim. If you speak to one of our claim advisors on the number at the end of the page, they will explain how.
Injuries From Luggage Falling On Your Head
If you are injured by luggage falling on your head, you may be able to make a claim. However, this can be a complicated situation. If a passenger opens the overhead locker and whilst getting something from their own bag, causes one to fall on you, then the airline is not going to be responsible for the harm you suffered. You would need to prove that it is in some way the airline was at fault, and due to this negligence you became injured in order to make a successful claim. For example, that the cabin crew hadn’t previously secured the specific locker during take off and landing and stored luggage had fallen out causing an injury. Legal Expert may be able to help you to prove liability. One of our claim advisors will be able to explain how to do so if you use the contact number at the bottom of the page to speak to them.
Injured After Unexpected Turbulence?
In-flight turbulence is caused by the weather. And of course, the airline cannot be held responsible for the weather. However, it can be held responsible for failing to warn passengers of the possibility of turbulence, and also for failing to advise passengers to fasten their seatbelts when turbulence is expected. Your solicitor would have to prove that the airline has been negligent in this way, in order to successfully make a claim. This is something that Legal Expert can help you with. Call us on the contact number below to learn how.
Food Poisoning and Food Allergies
Every airline is expected to serve healthy, safe in-flight food to its passengers. This means that it should be fresh, and not cause foodborne illnesses such as food poisoning. Food allergies are a growing concern and food products should show if it contains any food allergens.
Any case of food poising, or any allergic reaction, could form the basis of a compensation claim that Legal Expert can help you with. Our claims team will be able to tell you more about this on the number down at the end of the guide.
Broken Or Faulty Seat Injuries
The seats of an aircraft are an integral part of the safety features. It is the seats that form the anchor for the safety belts. Seat fittings are inspected regularly, and they must be in perfect order for the plane to be given a clean bill of health. If a seat is damaged, and this leads to a passenger being injured, then the airline would be liable to pay compensation. Legal Expert can help with this, call us on the number below to find out how.
What Can My KLM Accident Claim Compensate Me For?
Your personal injury solicitor will attempt to win a number of different types of damages for you. Typically, these will include damages such as:
- General damages:
- Permanent disability.
- Loss of life quality.
- Painful recuperation.
- Psychological damage.
- Pain and suffering.
- Mental trauma.
- Special damages:
- Loss of future earnings.
- Loss of current income.
- Private medical fees.
- Care costs.
- Travel costs.
How Much Can I Claim For My KLM Accident Injuries?
We have not provided a personal injury claims calculator. Instead, we have presented this table, based on real-world examples of how much different injuries can be worth as a claim.
|Toe injury||Moderate to severe||Up to £49,137||These injuries are going to range from damage to the tissue such as lacerations, bruising, scrapes, etc. through dislocations, sprains and fractures, to total loss of one or more of the toes.|
|Ankle injury||Minor to severe||Up to £61,137||These injuries are going to range from simple tissue damage including lacerations, burns, scrapes and bruising, through sprains, muscle damage and fractures, to entire paralysis of the ankle.|
|Foot injury||Minor to very severe||Up to £96,137||These injuries are going to range from damaged soft tissue (cuts, scrapes, burns, etc.) through fractures, sprains, and muscle damage, to either paralysis of the foot or complete amputation.|
|Leg injury||Minor to severe||Up to £119,237||These injuries are going to range from simple types of injuries such as burns, cuts, bruises, etc. through nerve or muscle damage, and fractures both simple and compound, to paralysis or amputation either total, or below the knee.|
|Hand injury||Minor to serious||Up to £54,297||These injuries are going to range from damaged soft tissue (cuts, scrapes, burns, etc.) through fractures, sprains, and muscle damage, to either paralysis of the hand or complete amputation.|
|Wrist injury||Minor to severe||Up to £52,490||These injuries are going to range from simple tissue damage including lacerations, burns, scrapes and bruising, through sprains, muscle damage and fractures, to entire paralysis of the wrist.|
|Arm injury||Moderate to severe||Up to £114,827||These injuries are going to range from simple types of injuries such as burns, cuts, bruises, etc. through nerve or muscle damage, and fractures both simple and compound, to paralysis or amputation either total, or below the elbow.|
|Finger injury||Minor to severe||Up to £21,937||These injuries are going to range from damage to the tissue such as lacerations, bruising, scrapes, etc. through dislocations, sprains and fractures, to total loss of one or more of the fingers.|
|Thumb injury||Minor to severe||Up to £48,037||These injuries are going to range from damage to the tissue such as lacerations, bruising, scrapes, etc. through dislocations, sprains and fractures, to total loss of one or both of the thumbs.|
|Back injury||Minor to severe||Up to £141,167||These injuries are going to range from soft tissue damage to the back including burns, scrapes, lacerations and bruising, through damaged vertebrae, sprains and other muscle damage, to either full or partial paralysis.|
|Neck injury||Minor to severe||Up to £130,077||These injuries are going to range from soft tissue damage to the neck including burns, scrapes, lacerations and bruising, through damaged vertebrae, sprains and other muscle damage, to either full or partial paralysis.|
No Win No Fee Accident Claims Against KLM Air
Legal Expert can process your claim under our No Win No Fee agreement. This means no charge to take your claim on, no charge as we process your claim, and no charge if we fail to win you any compensation. If we do win you a settlement, we take our fee out of the money received for you and then pass the remainder to you.
Sue Your Airline For Negligence With Legal Expert
Legal Expert can help with all airline negligence cases. We do everything we can to make sure you have the best chance of winning your claim, and also of being given the most compensation possible for your case. For some straight advice, with no legal jargon, speak to one of our claim advisors on the number below today.
Contact Us Today
If you have come to harm at the hands of an airline, then Legal Expert can help you to make a claim. Speak to a claim advisor on 0800 073 8804
and they will offer you some free legal advice on what to do next, once they know a little more about your claim.
We gave some links in this guide, and just in case you skipped over them, here they are again:
CAA guide to aviation safety – Safety information from the Civil Aviation Authority.
Your rights as an airline passenger explained – Learn more about what rights you have as an airline passenger.
UK Government information for disabled passengers on planes – If you are disabled, see additional protections put in place for you when flying.
Additionally, you might find these guides to be helpful as well:
A guide to holiday accident claims – Our general guide to claiming compensation for an accident on holiday.
Claiming from an airline – This is our more general guide to airline compensation claims and is not specific to any particular company.
How to claim for professional negligence – How to make a personal injury claim if you were injured because of someone’s professional negligence.
Edited by Melissa.