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Swissair Flight Personal Injury Claims Guide – How To Claim Compensation For An Accident on a Swissair Flight?

Swissair flightThrough this guide, you are going to read about the process of making a claim for a Swissair flight accident. It specifically covers the kinds of accidents and incidents that can leave a passenger with a valid reason to make a personal injury claim. You will learn why you could be able to make a claim, and how to have it processed by a solicitor.

You will undoubtedly have questions related to your own claim once you have finished reading this guide. You should call Legal Expert on 0800 073 8804 and one of our claim advisors will be able to help you with them.

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Our Guide To Swissair Injuries And Accidents

If you are injured on a flight in intentional air space you have 2 years to start a compensation claim. This guide is going provide you with information to begin making intelligent choices about your claim. The guide begins by laying down some background information. This includes a discussion of why you may be eligible to make a claim in the first place, and also what your standard rights are as an airline passenger. We will also take a brief look at what the Montreal Convention is.

The middle part of this guide is dedicated to all of the common reasons that people make airline claims, and this includes:

  • Burns and scalds (caused by spilt food and drink).
  • Disabled passengers that are injured while being cared for on a plane.
  • Injuries caused by the cabin service trolley.
  • Slips, trips and falls.
  • Accidents caused by luggage.
  • Accidents caused by in-flight turbulence.
  • Allergic reactions to food and food poisoning.
  • Injuries that are caused by a broken aeroplane

In the last sections of this guide, we are going to go over some facts that are related to the actual claim itself. You will find a list of the most frequently claimed types of damages, and also a table that details compensation ranges for a number of different types of injuries. We also give an overview of the Legal Expert national claims service. This service is an effective way for you to have your claim processed, without any financial risk at all. If you have questions about this claims service, or the contents of this guide, then please do call us on the number at the bottom of the page. One of our claim advisors will be ready and waiting to help you.

What Is An In-Flight Accident?

Airliner accident statistics

Take a look at the graph above. This graph is a great demonstration of the fact that fatal aircraft accidents are actually very rare. Plane travel is actually the safest form of transport by far. On average, one person out of every three million passengers die in a plane accident. This makes plane travel around 200 times safer than travelling by car. But of course, not only fatal plane accidents can be the cause of a personal injury claim while on a flight. There are many more types of less serious accidents that become the basis of a claim. It is these kinds of accidents that this guide will cover.

Eligibility Of Injuries When Thinking About Making A Claim

In general terms, in order for you to be eligible to have a personal injury solicitor process a claim for you, then the airline will have to have been at least partially to blame for the harm you have suffered. This applies to all airline staff. Not just the cabin crew. It relates to the pilot and other members of the cockpit crew, and also any airline employees that are involved with the boarding or disembarkation procedure as well.

In cases where you were partially to blame for the harm you suffered, your solicitor will negotiate with the legal team representing the airline, to agree on a percentage of liability. Once this has been agreed, any compensation settlement you receive will be driven by this percentage, meaning you will receive a reduced amount of compensation. If you have any questions about your eligibility to make a claim, speak to one of the Legal Expert claim advisors on the contact number at the bottom of this guide.

What Are Your Rights If Injured When Flying?

You have a very specific set of passenger rights. These rights are in addition to any consumer rights you have, depending on where you purchased your ticket and where the accident takes place that causes you harm. These rights include the following:

  1. A written copy of your rights must be given to you before the flight.
  2. You have the right to claim for lost or damaged luggage, once you have notified the airline in writing.
  3. You have the right to be compensated for delayed flights.
  4. You have the right to claim for personal injury.
  5. The airline must make an advanced payment, prior to a claim being settled, to cover any financial hardship you have been caused.

These are the basics of your passenger rights, for more details, please check this link: Information on airline passenger rights.

Learn About Your Air Passenger Rights Through The Montreal Convention

Consider for a moment that a plane will often spend part of its flight outside of national boundaries. For example, while it is flying across the sea. In theory, when the plane is outside of national boundaries, no laws apply. There is no legal jurisdiction. This is where the Montreal Convention comes in. Under the Montreal Convention, personal injury claims can be made, as the airline is obliged to provide the passenger with a standard set of rights (as discussed above), even when it is flying in international airspace, and is under no local legal jurisdiction.

Legal Expert understands how the Montreal Convention applies, and how it can be used to get our claimants the compensation that they are eligible for. Our claims team can tell you more about this, use the contact number at the bottom of the page to speak to them today. You can also find some additional information at this link: An overview of the Montreal Convention

Accidents And Injuries Which Could Happen On A Flight

A Swissair flight accident doesn’t need to be a fatal plane crash in order for you to be eligible to make a claim. There are many less serious accidents that could form the basis of a claim, for example:

  • Burns and scalds (caused by spilt food and drink).
  • Disabled passengers that are injured while being cared for on a plane.
  • Injuries caused by the cabin service trolley.
  • Slips, trips and falls.
  • Accidents caused by luggage.
  • Accidents caused by in-flight turbulence.
  • Allergic reactions to food and food poisoning.
  • Injuries that are caused by a broken airplane

We are going to cover each of these common causes for claims in their own sections below.

I Was Burnt By Hot Food Or Drink On An Airplane, Can I Claim Compensation?

Scalds and burns are a common reason for people to make an airline claim. Simple injuries such as a hot coffee burn or hot tea burn can become the basis of a claim if one of the cabin crew has spilt hot food or drink on a passenger. This is also true if a member of the cabin crew was only partially to blame. For example, they were passing a hot drink to a passenger, who then spilt it. It could be argued that the member of the cabin crew should have taken more care, and a reason to claim could exist.

I Have A Disability And Was Injured On A Flight, How Is My Claim Affected?

As part of their training, airline staff, including the cabin crew, learn how to safely handle disabled passengers. Unfortunately, nobody is perfect, and this could result in airline negligence cases whereby a disabled person has been injured, due to having been incorrectly and unsafely handled by the airline. Airlines have very specific responsibilities relating to the way they treat disabled passengers, and if they fail to meet these responsibilities, a valid claim could exist. See the link below for more information about this: UK Government information related to disabled airline passengers

I Was Hurt In An Aircraft Trolley Accident, Can I Claim Compensation?

The cabin crew that serve you with in-flight refreshments, are trained to use the service trolley safely in the confined space of the aircraft. However, despite best efforts, trolley accidents still happen frequently. Either due to the cabin crew allowing the trolley to collide with a passenger or by leaving the trolley in a hazardous place, causing an accident. If it can be proven that the cabin crew has been negligent in the way that they have handled the trolley, then a valid reason to make a claim could exist.

Can I Claim Compensation If I Slipped Or Tripped On A Plane?

Slips, trips and falls, are the most common of all airline accident and injury claims that a personal injury lawyer will process on behalf of their clients. These accidents can happen in any place, and at any time, such as:

  • While using the boarding steps to get onto or off of a plane.
  • Due to spilt water on the floor of the aircraft bathroom.
  • Spilt food or drink on the floor of the aircraft.
  • Luggage creating a trip hazard due to being left in an inappropriate place.

No matter how your slip, trip or fall happened, Legal Expert could be able to help you claim for it. Speak to one of our claim advisors on the number at the bottom of the page to proceed.

I Was Injured By Luggage Falling From The Overhead Storage Locker, Can I Claim Compensation?

If you are a Swissair passenger, assistance should be available to help you retrieve something from the overhead luggage bins. The cabin crew is responsible for stowing all luggage safely, and for helping people to gain access to their bags without causing a hazard to other passengers. When this doesn’t happen, and luggage falls from an overhead storage locker, causing an injury to the passenger underneath, then the airline could be liable to pay compensation to the injured party.

I Was Injured During Unexpected Turbulence, Can I Claim Compensation?

In-flight turbulence is caused by the weather. The airline cannot be responsible for the weather. However, they are responsible for:

  1. Warning passengers of oncoming turbulence.
  2. Prompting passengers to fasten their safety belts when turbulence is expected.
  3. Ensuring that all passengers are seated and that nobody is using the bathrooms when turbulence is expected.

If the cockpit or cabin crew fail to fulfil these obligations, and this leads to a passenger being harmed in some way, then a valid reason to make a claim could exist.

Can I Claim Compensation For Food Poisoning Or An Allergic Reaction On My Flight?

Each airline is expected to serve its passengers with healthy and safe food and drink in flight. The food needs to be fresh, and it must be labelled with any allergen content. Furthermore, the cabin crew must possess the knowledge required to answer questions related to the dietary requirements of passengers. If this process breaks down, with the food going bad causing food poisoning, or a passenger suffering an allergic reaction due to being given the wrong information, a reason to make a claim could exist.

A Faulty Seat

The seats of an aircraft are an important part of the safety features. The seats are designed to withstand the force of a rough landing and are used as the anchor point for the safety belts. They are inspected regularly to make sure that they conform with aviation safety standards. If a seat is broken, and this leads to a passenger being injured in some way, then the airline would be liable to pay damages.

What Are The Different Types Of Compensation I Can Claim?

When your claim is successful, your settlement will be made up of a number of different types of damages, which could include:

  • Special damages:
    • Loss of potential income.
    • Loss of current earnings.
    • Private medical costs.
    • Care cost.
    • Travel tickets.
  • General damages:
    • Permanent or long-term disability.
    • Lowered life quality.
    • Painful recovery.
    • Psychological injuries.
    • Pain and suffering.
    • Mental trauma and shock.

To learn what types of damages you can expect to claim, speak to one of the Legal Expert claims team on the number below.

Personal Injury Claims Calculator

Instead of a personal injury claims calculator, we have provided this table of compensation ranges based on the UK judicial guidelines for compensation awards:

Injury TypeSeverityCompensationInformation
Toe injuryModerate to severeUp to £49,180Here, injuries are going to range upwards from damage to the soft tissue that could include lacerations, bruising, cuts, etc. through fractures, dislocations and nerve damage, to complete loss of all toes, mobility and effect on overall foot will be taken into consideration.
Ankle injuryMinor to severeUp to £61,110Here, injuries are going to range upwards from tissue damage (bruising, scrapes, burns, cuts, etc.) through sprains, damage to the muscles and also fractures, to some level of loss of function of the ankle, transmalleolar fracture with possible future amputation.
Foot injuryMinor to very severeUp to £96,150Here, injuries are going to range upwards from lacerations, bruises and other soft tissue injuries, through broken bones, nerve or muscles damage, to paralysis or loss of the foot or to a below-knee amputation because of the loss of the ankle joint.
Leg injuryMinor to severeUp to £120,530Here, injuries are going to range upwards from general tissue damage such as burns, scrapes and cuts, through muscle or nerve damage, fractures either simple or compound, to loss of function or complete amputation of the leg fully above the knee with consideration for the risk of developing osteoarthritis in the remaining joints of both lower limbs or in the hips and spine.
Hand injuryMinor to seriousUp to £96,150Here, injuries are going to range upwards from lacerations, bruises and other soft tissue injuries, through broken bones, nerve or muscles damage, to paralysis or total loss of the dominant hand.
Wrist injuryMinor to severeUp to £52,490Here, injuries are going to range upwards from tissue damage (bruising, scrapes, burns, cuts, etc.) through sprains, damage to the muscles and also fractures, to some level of loss of function of the wrist to fractures where an arthrodesis has been performed.
Arm injuryModerate to severeUp to £120,270Here, injuries are going to range upwards from general tissue damage such as burns, scrapes and cuts, through muscle or nerve damage, fractures either simple or compound, to loss of function or complete amputation of the arm fully (at the shoulder).
Finger injuryMinor to severeUp to £32,210Here, injuries are going to range upwards from damage to the soft tissue that could include lacerations, bruising, cuts, etc. through fractures, dislocations and nerve damage, to severe fracture, partial amputation, impairment of grip and reduced function, complete loss of one or more of the fingers.
Thumb injuryMinor to severeUp to £48,080Here, injuries are going to range upwards from damage to the soft tissue that could include lacerations, bruising, cuts, etc. through fractures, dislocations and nerve damage, to complete loss of one or both thumbs.
Back injuryMinor to severeUp to £141,150Here, injuries are going to range upwards from damage to the soft tissue of the back such as lacerations, burns, scrapes, etc. through damage to the vertebrae, muscle damage or sprains, to either complete or partial paralysis, possible combination of incomplete paralysis and significantly impaired bladder, bowel and sexual function.
Neck injuryMinor to severeUp to £130,060Here, injuries are going to range upwards from damage to the soft tissue of the neck such as lacerations, burns, scrapes, etc. through damage to the vertebrae, muscle damage or sprains, to either complete or partial paralysis, or incomplete paraplegia or resulting in permanent spastic quadriparesis.
Food IllnessSevere Toxicosis£33,700 to £46,060Causing serious acute pain, vomiting, diarrhoea and fever, requiring hospital admission, severe impact on life and work.
Food Poisoning Minor £800 to £3,460Diarrhoea, stomach cramps clearing in a few days or weeks.

For a better estimate of how much you may be able to claim in your own case, speak to our claims team on the number below.

No Win No Fee Flight Accident Claims Against Swissair Airline

Legal Expert offers a No Win No Fee claims service on a national level. We charge no fee to start your claim, no fee as we process your claim, and no fee if you don’t win any compensation. When we are successful, we take our fee from the money that we received on your behalf and then give the rest of the money to you.

How Do I Make An Airline Accident Claim?

Starting a claim with us is easy. Use the number below to contact us, and explain your situation to a claim advisor. They will ask you some questions about your claim, and once they know enough about your situation, they will offer you some free advice on how best to proceed. Use the Legal Expert claims service to get the compensation you are entitled to.

Contact Us Today

Legal Expert can help you to make a claim for in-flight injuries on airplanes compensation. Give us a call on 0800 073 8804 today. One of our claims team will be ready and waiting to talk you through our new claims process, so we can get started on your claim right away.

Additional Resources

We included a number of useful links in this guide; here they are again for your information:

Information on airline passenger rights – Further information on your rights as a passenger.

UK Government information related to disabled airline passengers – Information for disabled passengers.

We have published many more guides on this website that may be of use to you, such as these:

How to claim for an accident on a package holiday – Our general guide to claims for accidents on holiday.

Claim against an airline for negligence – How to claim compensation when an airline has been negligent.

Making food allergy claims – How to claim compensation for a food allergy.

Edited by Melissa.

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