Aer Lingus Flight Personal Injury Claims Guide – How To Claim Compensation For A Accident on a Lingus Flight?
If you’ve been involved in an Aer Lingus flight accident that you feel was the fault of the airline then you’ll find this guide has all of the information you’ll need if you’re considering making a compensation claim against the airline.
We’ll cover the types off accidents that could occur, how an airline or their staff may be to blame, claiming under the Montreal convention and how you could make use of our no win no fee service to make your claim.
Legal Expert are experienced personal injury solicitors who can help with any claim against Aer Lingus so long as it can be proven that they were to blame for your injuries. If you’re ready to begin your claim today then call us free on 0800 073 8804.
If you’d like to know more first then please carry on reading this useful and informative guide.
Select A Section
- Our Guide To Claiming Compensation For Accidents, Injuries, Or Illness On An Aer Lingus Flight
- What Are Flight Accidents And Incidents You Could Experience?
- Injuries Which Are Eligible For Compensation
- Knowing Your Air Passenger Rights
- What Flights Are Covered By The Montreal Convention?
- What Accidents And Incidents Could You Claim Compensation For?
- Scalds And Burns From Hot Drinks And Foods On A Flight
- Injuries To A Disabled Passenger
- I Suffered A Trolley Accident On An Aer Lingus Flight Can I Claim Compensation?
- Slipping, And Falling On A Flight
- Injuries From Falling Overhead Luggage
- Injuries Suffered During Serious Unexpected Turbulence
- Food Allergy Claims
- Food Poisoning
- Damaged Or Faulty Airplane Seating
- If Injured On An Aer Lingus Airplane, What Can I Claim Compensation For?
- Accident And Injury Compensation Calculator
- No Win No Fee Flight Accident Claims Against Aer Lingus
- Why Claim Damages For An Air Accident With Us?
- Contact Us
- Additional Resources
Our Guide To Claiming Compensation For Accidents, Injuries, Or Illness On An Aer Lingus Flight
Aer Lingus are a popular airline based in Ireland and are the second largest in the country behind Ryanair. They were founded by the Irish government but became privatised in 2006. They are now owned by the same group that operates British Airways and Iberia Airlines.
This guide will explain what types of accidents that could happen on an Aer Lingus flight that could lead to a compensation claim, what you should do in the event of an accident, how to claim and we’ll provide details of our no win no fee service.
We’ll also provide details of how much compensation you may be awarded for different types of injuries and why special damages are awarded.
What Are Flight Accidents And Incidents You Could Experience?
People who worry about flying often are concerned about catastrophic plane crashes but throughout Europe and America the chances of this are very low. In actual fact, you are much more likely to be involved in a fatal car crash than you are in a plane but people still fear aeroplane crashes more than anything else.
Rather than dealing with plane crash claims specifically, this guide provides information and advice on types of accidents that could occur on an aeroplane such as:
- Food poisoning
- Burns and scalds
- Luggage falling from overhead lockers during take off or landing
- Injuries caused by damaged seats
- Slips, trips and falls
- Injuries caused to disable passengers because of a lack of support from cabin staff
- Unexpected or unannounced turbulence
This is just a sample of the types of accidents that could happen. If you’ve had any other Aer Lingus flight accident then please get in touch and we can discuss your particular accident and injuries.
Injuries Which Are Eligible For Compensation
The specific injuries that can be claimed compensation for are the ones which are proven to be the fault of an airline. If they had no way of preventing your accident from occurring then it wouldn’t be their fault and therefore a claim could not be made against an airline.
Later in this guide we’ll cover some specific examples of what could be claimed for but there are some common things that you can’t claim for such as if another passenger drops or spills something on you and causes you an injury or deep vein thrombosis (DVT) which the flight staff have no way of preventing.
Knowing Your Air Passenger Rights
As a passenger on an airline you have certain rights which, if breached, could mean a personal injury lawyer could help you to make a claim in the event you are injured.
- All airlines must give you a guide to your rights, prior to flight, in writing (this may be included in an email with the terms and conditions of your booking)
- As we’ll cover in more detail, if you are harmed or injured on a flight and it was caused by the airline or their staff, then you may be able to claim compensation.
- Compensation amounts are not limited but there are specific tiers which may mean different legal processes are required.
- Airlines are liable for damage to your property but you could only claim if you’ve informed then in writing about any damage that has occurred.
Air accident claims can be quite complex and made in numerous different ways depending on how you booked your flight, where you were flying to and from and even how you paid for your flight. Ask a Legal Expert adviser for more details as they fully understand the different bits of legislation that can be used to make your claim.
What Flights Are Covered By The Montreal Convention?
When you are flying in international airspace it is likely that you could be protected by the Montreal convention. This a framework agreement signed by 120 countries in 1999 has a section in it dedicated to personal injury or fatal accidents.
When making a claim under the Montreal convention it’s important to note that there is a 2 year time limit for all claims from the date of the accident, which is a year less than the 3 year time limit in the UK for personal injury claims.
What Accidents And Incidents Could You Claim Compensation For?
The next few sections of this guide will outline the types of accidents that could lead to compensation claims. If your accident isn’t listed then don’t worry – please call Legal Expert who will discuss your options with you.
A major problem with sustaining a scald or burn when on a flight is that you cannot get the proper medical treatment sometimes needed which in turn could make the injury worse. Other than first aid there’s not a lot of treatment that can be administered until you get on the ground and visit a doctor or hospital.
The types of accident that could occur are:
- Coffee burn or tea burn where airline staff accidentally spill a hot drink on to a passenger.
- Burns caused by food that has been heated to the wrong temperature.
You should photograph any injury you sustain and ask any witnesses for their contact details so that when you make a claim against Aer Lingus, for an avoidable inflight injury your solicitor can provide as much supporting evidence. Seek immediate medical advice as soon as you land where possible.
Injuries To A Disabled Passenger
Airline staff have a duty of care to disabled passengers and need to provide them with support when boarding or disembarking the plane. As well as this, if the passenger needs help getting seated and securing their seatbelts the staff should help out as much as possible.
Furthermore, they should help if you need help getting around the plane. If you’re injured because staff were too busy, unable or unwilling to help you then you could claim compensation for negligence.
I Suffered A Trolley Accident On An Aer Lingus Flight Can I Claim Compensation?
The trolleys used on airlines to give out inflight meals and duty-free goods are actually very heavy pieces of equipment which, if you’re in collision with one, could cause serious injuries such as bruising, soft tissue damage or fractures.
An accident could be caused by staff not paying attention when pushing the trolley and colliding with a passenger or if they leave the trolley unattended, without applying the breaks and a passenger is injured by it.
Slipping, And Falling On A Flight
There are many instances on a flight that could lead to a trip or fall but not all of them would be eligible to make a flight accident claim. If you weren’t paying attention or joking around and you trip over then that would be your own fault, not the airlines. However, if your accident was caused by an airline for instance spilled drink not cleaned up after some time and you slipped causing an injury then you could be eligible to claim.
An accident could happen at any point from when you board the flight to when you disembark and could be caused because of lose steps, damaged flooring, poor lighting or flight items left in the passageway. In any of these cases, if you’d like to make a claim, please get in touch and we’ll listen to your explanation of the accident and assess the cause.
Injuries From Falling Overhead Luggage
A very painful injury on a flight could be when luggage falls from an overhead locker, usually during take off or when landing. Staff have an obligation to check the lockers are secure prior to take off and before beginning the final descent. If they fail to make these checks and an accident happens causing an injury then you could claim against the airline.
Injuries Suffered During Serious Unexpected Turbulence
Normally, when turbulence is expected, the captain will advise the flight crew to ensure passengers are seated and their seatbelts are on to minimise the risk of injury.
If you’re injured after advice has been provided then the chances of compensation are minimal but if there was no warning about impending turbulence, no warning to fasten your seat belts and you became injured then you could make a claim. It would be a good idea to photograph your injuries, seek medical advice when possible and ask other passengers for their contact details if they saw your accident happen and agree that there was no warning.
Food Allergy Claims
If you suffer from an allergy and have informed Aer Lingus staff prior to being served a meal, and then go on to suffer an allergic reaction because the food served contained an allergen you could make a claim.
Food poisoning could occur when the food served inflight is stored or reheated incorrectly and could lead to serious illnesses. As well as cooking irregularities, food that is out of date when served can lead to food poisoning.
According to the NHS, symptoms of food poisoning include: Nausea, vomiting, diarrhea, a high temperature (above 38C), generally not feeling well and stomach cramps. The symptoms may not start immediately but usually within a couple of days of eating the meal.
Damaged Or Faulty Airplane Seating
If the seat you are allocated is damaged, faulty or contains a sharp protrusion then you could claim compensation if the damage causes you to become injured. Obviously, if you spot the damage and there’s an alternative seat available then ask staff to be moved but if you do become injured then photograph the damage and ask for first aid assistance from staff.
If Injured On An Aer Lingus Airplane, What Can I Claim Compensation For?
In any air accident claim there are a number of different parts to the claim for which your solicitor will claim for on your behalf. It is important to claim for them all at the same time, as once a claim is settled you can not go back and ask for more. This is why you should use a solicitor who specialises in personal injury claims and understands what can be claimed for.
The main elements are:
- General damages can be claimed for the pain and suffering caused by your accident. These are pre-defined ranges of compensation for each type of injury i.e. a minor head injury (like bruising) would be paid less compensation than a severe head injury (like permanent brain damage).
- Care costs can be claimed back if you require care while recovering from your injuries. These could be if somebody else took time off of work to help you (such as your partner).
- Medical costs can also be claimed back such as prescription costs or any other treatment costs.
- Travel costs may be incurred when travelling to medical appointments or even if you have to alter your flight back to the UK because of your injuries.
- Loss of earnings can be claimed if your employer pays you less because you’ve had to take time off from work. If you suffer such serious injuries that you can’t return to the same job or can’t return to work at all then you could claim for future loss of earnings too.
Accident And Injury Compensation Calculator
As you’ll see from the information in the last section, each claim can be made up from several different elements which means a personal injury claims calculator can only show figures for pain and suffering.
What we can do at this stage is provide you with the table below which outlines the different ranges of compensation for different injury types that are paid under the general damages section of a claim:
|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.|
This is a small sample of the different types of injury amounts you could receive in an Aer Lingus flight accident so please get in touch if yours isn’t listed. We can also provide a much fuller and more accurate estimate figure once we’ve heard exactly what your injuries were, how they were caused and the impact they had on you.
No Win No Fee Flight Accident Claims Against Aer Lingus
A lot of clients feel that no win no fee is the only way in which they are able to make a compensation claim as, if they used a more traditional solicitor’s agreement they’d have to fork out for an hourly rate and risk paying it even if the solicitor was unsuccessful.
With our no win no fee agreement, you never actually have to send us any funds. At the start both sign an agreement which includes a fixed percentage of your compensation that’ll we use as payment for our service.
We’ll work on the case without any upfront payment from you and if we win the case, we retain our agreed percentage and send the rest of the compensation straight to you. If we lose the case then we don’t get paid at all.
Why Claim Damages For An Air Accident With Us?
Legal Expert care about our clients and do all we can to ensure you get the compensation you deserve for your injuries. We are open and honest and will always assess your claim fairly and tell you if we think you don’t have a good chance of successfully claiming compensation.
Our solicitors are friendly, professional and on hand to answer any questions if you have any during your case.
Contact Us Today
Hopefully you’ve read enough information in this guide to go ahead and choose Legal Expert to represent you in your compensation claim. If that’s true then there are many ways to begin your claim with us:
- Telephone: Call us today on 0800 073 8804 and speak to one of our specialists.
- Email: Send a message to firstname.lastname@example.org and we’ll get back to you at a time that you request.
- Live Chat: Get in touch, via the website, 7 days a week.
- Online: Fill in this simple form to begin your claim.
Now that you’ve read this guide about Aer Lingus flight accident claims we hope you’ve got all of the information you need. Here are few final pieces of information which may help you further.
The Package Travel, Package Holidays and Package Tours Regulations 1992 – the UK government regulations to protect UK tourists who book their holiday and flights through a package holiday provider.
Civil Aviation Authority – Information for consumers about what to do if something goes wrong on a flight including personal injuries, delays and damaged property.
Food Allergy Compensation – A more generic guide to food allergy claims, not just on flights.
Slips and Falls Compensation – A guide that provides further information on the injuries sustained in slips, trips and falls. Includes compensation amounts.
Edited By Melissa.