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Thomas Cook Flight Personal Injury Claims Guide – How To Claim Compensation For A Accident on a Thomas Cook Flight?

Thomas Cook flightGoing on holiday is supposed to be an exciting experience. For a lot of people, this is something they will have looked forward to all year long. Therefore, if you have been involved in a Thomas Cook flight accident, especially if it has happened on the way to your holiday destination, it can be very distressing and upsetting. While we cannot reverse these events and take back what has happened to you, we could get you get the compensation you deserve for this injustice. You can reach us on 0800 073 8804 to discuss this in further detail. However, first, make sure you continue reading to find out everything you need to know about these sorts of cases.

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A Guide To Thomas Cook Holiday Flight Accident Claims

There is no denying that Thomas Cook is one of the most popular tour operators in the UK, offering package holidays all across the world. Whilst most people have positive things to say about Thomas Cook, there are those that have had nightmare holidays because of the likes of delays, injuries, and baggage problems. If you fall into this category, it is highly likely you are going to be entitled to compensation. In this guide, we will reveal everything you need to know about making such a claim.

In this guide, we are going to take a look at some of the most common accidents that happen on planes. This includes everything from burn injuries and trolley accidents to food allergies  and injuries caused by turbulence. Aside from this, we will tell you how to make a claim; including details on the personal injury claims time limit, as well as the legislation that is in place, including the Montreal Convention. If that was not enough, we will give you a good understanding regarding the level of compensation you may be entitled to, as well as telling you all that you need to know about the service that we provide. if you still have any questions by the time you get to the end of this guide, please do not hesitate to get in touch with us for more information.

What Is A Thomas Cook Holiday Flight Accident?

A lot of people assume that in order to make an air flight claim, this merely refers to plane crashes. Yes, we can help you to make a claim if you have been injured during a crash or if you have lost a loved one in such a horrible circumstance. However, airplane claims cover much more than this. If you have been injured in any manner, and it was not your fault, you could claim. For example, the food on the flight may have caused you to get ill or you could have been injured because of a tee or coffee burn.

Eligibility To Make An Air Accident Claim

Establishing responsibility is always the most important factor when it comes to making this type of claim. You need to show that the airline is at fault, rather than you being at fault. If you are partially to blame, there could be a chance you may be entitled to compensation, although the amount will be lower. Generally, though, you need to show the airplane staff acted negligently or that the airline did.

Air Passenger Rights In The UK

It is important to note that there are a number of different rules and regulations in place, governing airlines across the UK. If you have been injured on a plane, you could be entitled to compensation. The same applies if your flight has been delayed or if your luggage has been lost or damaged.

It is important to discuss the Package Holiday Regulations here, which were set up in 1992. A lot of people ask us do Thomas Cook have their own airline? What airlines do Thomas Cook use? As they fear they cannot make a claim against Thomas Cook because they were not on the tour operator’s airline carrier. Actually, as per the package holiday regulations, this is not something you have to worry about.

A package holiday is one that consists of at least two of the following:

  • Accommodation
  • Transport
  • Tour Services

Therefore, if you have booked air transport as part of your Thomas Cook package holiday, you will be able to launch a claim against Thomas Cook, even if you were not on a Thomas Cook plane.

International Air Passenger Rights Under The Montreal Convention

The Montreal Convention is helping people to bring their claim for an accident on an international flight in the jurisdiction of their choosing. This is because this convention was set up to protect international travellers. It covers over 120 countries and countless airlines, basically ensuring that you are able to launch a claim if you have been injured during travel or you have lost a loved one in a fatal accident.

Common Aircraft Accidents You Can Claim For

Now that you have a bit of background knowledge regarding making a claim for a holiday flight injury, we are going to take a look at the different types of cases in further depth. Here are some examples:

  • Scalds and burns
  • Accidents involving disabled passengers
  • Trolley accidents
  • Overhead locker accidents
  • Food Allergies
  • Slips & falls
  • Injuries caused by unexpected turbulence.

In the following sections, we will provide further detail on these injury, accident, and claim types. However, please do not panic if known of the examples ring true for what happened to you. You can still claim. These are merely a handful of the most common examples.

Air Passenger Burn And Scald Injuries

Now, we are going to take a look at the different types of injuries and illnesses in further detail, starting with scalds and burns. There are many different ways that this type of accident can happen. You may, for example, suffer a burn injury because a flight attendant has dropped a hot drink on you. You can also make this sort of claim if you have been served something that was way too hot.

Accidents And Injuries Affecting Disabled Passengers

Disabled passengers should have access to assistance whenever they take a flight. As per the UK Government guidance, you are advised to give the airline at least 48 hours notice regarding your disability so that they can give you the best service possible. However, if they have failed to do this and you have been injured, you can get compensation. A personal injury lawyer can help you to claim if the flight attendant has not secured you properly or they have not given you the right medication during the flight.

Service Cart And Trolley Accidents

We can also help you to make a claim if you have been injured due to an aircraft trolley. These trolleys are typically loaded with ice, drinks, and food, and so they can weigh hundreds of pounds. If a cart was to crash into you or land on top of you, it could cause some serious damage to you. There have been people that have sustained foot, ankle, elbow, and knee fractures and injuries because of incidents like this. It is up to the flight attendant to make sure they operate the cart properly. They must take care when using the cart and they must ensure they put the breaks on the cart whenever they are not moving it. If the cart has not been used properly, there is a very high chance you are going to be entitled to compensation.

Falls/ Slips When Boarding Or Disembarking Your Aircraft

When it comes to accident claims, there is no denying that slips, trips, and falls are the most common. This is because falls and slips can happen in so many different ways. You can launch this aircraft accident compensation claim for something that has happened when getting on or off the plane. You can also claim for slips, trips, and falls on the aircraft itself. Moreover, if you have booked an airport lounge as part of your Thomas Cook holiday deal, you may also be able to claim for any slips, trips, or falls that have happened here.

Airplane Passenger Injuries Caused By Items Falling From Overhead Lockers

You can make a claim if the overhead lockers have come loose during take off or landing, you could have the basis for a successful case. If the overhead lockers have not been secured by cabin crew in the manner that they should be before take-off, they may come open and items fall out causing injuries during take off or landing. You won’t be able to make an aviation accident claim if you have simply stored your bags in an unsafe manner or you have dropped something while trying to get your bags mid-flight.

Thomas Cook Turbulence Compensation Claims

Have you ever experienced turbulence on an airplane? A lot of people like turbulence, whereas others find it scary. One thing is for sure; you are not going to enjoy it if you were not given any warning, and therefore, you ended up suffering an injury. If this has happened, you will be able to make a claim for compensation. We can advise you on Thomas Cook turbulence claims further. The scenarios differ considerably. For example, you may have been injured because the turbulence caused you to fall, injuring yourself in the process. If you were not warned prior to this and the seatbelt sign did not come on, you could have grounds for a claim. It is also important to note that flight attendants are not supposed to serve drinks or food when the seatbelt sign is on, which is should be during turbulence. Therefore, if you have been injured with a tea or coffee burn, for example, because of this, then you could also make a claim for compensation.

Thomas Cook Flight Food Allergic Reaction or Food Poisoning

People could experience food poisoning from foods or beverages served on the aircraft. There are so many different ways that an individual could contract food poisoning. This could be because the food you have been served has not been stored, prepared, or cooked properly. It could be because the ingredients were past their sell by date or because they had been left out on the aircraft for too long. In most cases, food poisoning only tends to last a few days or so. However, we have heard from people that have had life-threatening cases of food poisoning. No matter how severe your bout was, we could help you to get the payout you are entitled to.

We can also help you to make an air travel accident claim if you have had an allergic reaction because you have been served foods that contain a food that they are allergic to. The circumstances are very important here. If you have informed the airline of your allergy, you may have grounds to claim. Nonetheless, you may even be able to claim if you have not informed the airline, especially if you were consuming pre-packaged food. This is because the laws state that any allergens present must be displayed on the food labels. If this has not been the case, there is a very high chance you are going to be entitled to compensation for a food allergic reaction personal injury.

Injuries Caused By Broken Or Faulty Seats

Finally, we can also help you to make a claim if you have been injured because of a broken or faulty seat. When flying on any airline, it is imperative that the company takes the required steps to maintain their aircraft, ensuring they are safe for all customers and employees. If you have been hurt because a faulty chair has caused you or someone else to fall backwards or a sharp broken piece has injured you, we will be able to launch a claim so that you can get the compensation you deserve.

Damages You Can Claim After An Accident On A Thomas Cook Flight

In this section, we are going to give you some information regarding the damages you can claim for and how compensation is calculated, so you get a good idea of the methods used in relation to your case. So, to begin with, you will receive compensation for the injury itself. This is known as general damages. The amount you receive is based on the type of injury you have sustained – i.e. to what body part and the symptoms, the severity of the injury – how long it will last, and the impact it is going to have on your everyday life.

Aside from this, another part of the compensation is what is known as special damages. This compensates you for any costs you have encountered as a direct result of the injury. Have you had to pay for a child minder to look after your kids whilst you recover? Have you had to pay for parking when visiting the hospital? Have you suffered a loss of income because of your injury? You will be able to claim for all of these. Just make sure you keep your receipts and any other proof!

Holiday Flight Accident Claims Calculator

Let’s be frank, for those that are making an air accident claim, the main question they want answered is how much money they are going to be entitled to. After all, that’s the chief reason for making a claim in the first place, isn’t it? Nobody wants to waste their time and energy making a claim if they are going to get nothing in return.

Of course, all claims are different. You may have suffered because of food poisoning, someone else may have been the victim of a tea burn or a trolley accident. You may have sustained minor injuries; someone else could have sustained injuries that are going to be with them for life. Therefore, it is impossible to provide definitive figures regarding the amount you could get. If you want that kind of information, just give us a call and one of our experienced advisers will happily provide it. But first, you can take a look at the table below to get a better understanding regarding the average payout amounts.

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Type of injury you have suffered The typical payout amount: Some extra information:
Minor Hand Injuries £800 to £3,810 Such as soft tissue damage, cuts and abrasions.
Moderate Hand Injuries £5,110 to £11,640 Such as deep lacerations, which may require surgery to repair.
Less Serious Hand Injuries £12,670 to £25,430 Such as a crushed hand, with loss of function until healed.
Serious Hand Injuries £25,430 to £54,280 Such as injuries which leave the hand with less than 50% functionality.
Loss of One Hand £84,310 to £96,150 Either through amputation, or permanent loss of function.
Serious Damage to Both Hands £49,010 to £74,150 Such as permanent reduced functionality.
Loss of Both Hands £123,310 to £176,660 Either through amputation, or permanent loss of function.
Minor Leg Injuries Up to £10,380 Soft tissue damage, sprains and very minor fractures.
Less Serious Leg Injuries £15,750 to £24,340 Such as fractures which will leave the leg immobile while they heal.
Moderate Leg Injuries £24,340 to £34,370 Such as serious tendon damage, compound fractures and dislocation.
Severe Leg Injuries £84,400 to £119,210 Injuries that will permanently affect a person’s mobility, and cause ongoing pain and suffering.
Very Serious Leg Injuries £48,080 to £74,150 Injuries that once healed, will still have an affect on a person’s mobility.
Minor Neck Injuries Up to £2,150 Minor sprains, abrasions, and cuts, which will heal quickly.
Moderate Neck Injuries £211,150 to £247,280 Painful injuries, which will take some time to heal, the duration will generally drive the amount.
Severe Neck Injuries £91,910 to £120,530 Long-term injuries that are going to impact the individual’s life permanently, either through reduced movement or constant pain.

No Win No Fee Air Travel Accident Claims

One of the reasons why so many people turn to Legal Expert when they want to make a personal injury claim is because we offer a No Win, No Fee service. What does this mean? Quite simply, you are only going to pay us legal fees if your case is a success. If you do not get compensation at the end of it, you do not have to pay us anything. This ensures you are never going to find yourself out of pocket for launching a Thomas Cook incident claim, which is, understandably, a huge concern for a lot of people. This also reassures you that we are doing everything in our power to secure compensation for you, as it makes us accountable for the service we provide you with.

How We Can Help You Make An Air Accident Claim

All winning claims boast one key component – a successful personal injury solicitor. Choosing a solicitor is one of the most important tasks you will face when it comes to making a claim for personal injury compensation. After all, the solicitor is effectively going to have the outcome of your case in their hands. Luckily, you don’t need to fret, as Legal Expert is a brilliant choice for you. Read on to discover the reasons why.

  • Experience – You need a solicitor that has had several years of experience in the industry at least. This ensures that they have handled many cases like yours time and time before. After all, you certainly do not want to be someone’s first project. You never will be with Legal Expert. We will provide you with a solicitor that has up to 30 years of specialist experience.
  • No Win, No Fee Service – It is highly advisable to go for a solicitor working on a No Win, No Fee There are many benefits associated with this. Financial risk is eliminated and you do not need any money to begin your claim. Moreover, you can be sure of a better service and the solicitor will only take on your case if they believe you have a high chance of getting compensation. Here at Legal Expert, we offer a 100 per cent No Win, No Fee service.
  • Impeccable Reputation – You should read reviews that have been left by previous clients and you will see that we have a great reputation.
  • Communicates Effectively – Last but not least, we know that it is important to ensure the solicitor communicates with you frequently and explains everything thoroughly. You never want to feel like you are left in the dark.

You will be pleased to know that all of our solicitors boast the four qualities that have been mentioned. We will match you to the solicitor for your case specifically. So, why not give us a call today to start the process?

Contact Us Today

If you are ready to make a claim for the Thomas Cook flight injury you have had, all you need to do is give us a ring on 0800 073 8804. This is our personal injury claims line. You will speak to one of our friendly and experienced advisors, who will be happy to assist you in any way they can. There are plenty of other ways for you to get in touch with us too, for example, you can use a live chat feature, send an email, or you can enter your contact details and we will call you back.

Additional Resources

Non-specific airline claims – General information about flight accident claims.

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    Meet The Team

    • Patrick Mallon

      Patrick is a Grade A solicitor having qualified in 2005. He's an an expert in accident at work and public liability claims and is currently our head of the EL/PL department. Get in touch today for free to see how we can help you.