Passengers have the right to expect a safe and properly managed environment during air travel. Where an injury occurs because an airline failed to meet safety standards or due to an unexpected event during a flight, there may be grounds to claim compensation.

In this guide, JMW’s expert personal injury solicitors explain when an airline injury compensation claim may be valid, what steps to take, and how the flight accident claims process works under both international conventions and the law in England and Wales.

Understanding Airline Injury Compensation Claims

Passengers can make a personal injury claim against an airline if they are injured during boarding, the flight itself, or disembarkation as a result of unsafe conditions or a failure by the airline to follow proper procedures. These claims may involve either minor injuries or severe injuries, depending on the circumstances.

Incidents that may lead to a valid airline injury compensation claim include:

• Trolley accidents caused by poor handling or unsecured equipment.
• Items falling from overhead lockers.
• Slips or trips due to blocked or wet aisles.
• Scalds from hot drinks or food.
• Injuries during extreme turbulence.

To make a successful claim, it must be shown that a bodily injury occurred as a result of an accident, connected to the operation of the flight.

The Montreal Convention and Airline Accident Claims

Most international flights are covered by the Montreal Convention, an international treaty that governs airline injury compensation claims for passengers. The convention applies when the flight is international and the departure or arrival country is a signatory (including the UK).

Under the Montreal Convention, airlines are strictly liable for injuries caused by accidents that take place onboard, during boarding or disembarkation. This means you may still have a valid claim even if the airline was not negligent in the traditional sense. However, you must show that the injury resulted from an accident and that it was not part of the flight’s expected operation.

Claims under the convention are subject to a two-year time limit, calculated from the date of arrival (or expected arrival).

If you are a member of the air crew injured in the course of your duty, then the Convention does not apply, and analysis of your contract of employment is required to assess the law which applies.

For domestic flights, claims are handled under the law in England and Wales, and the airline may be held liable for failing to meet required safety standards.

Examples of valid claims include:

• In-flight burns from spilled drinks or food.
• Trip injuries due to trailing wires or blocked aisles.
• Head injuries from loose overhead luggage.

What to Do if You Are Injured on a Flight

Taking the correct steps after a flight-related injury is important for both your health and the success of any future claim:

1. Seek medical treatment

Receive medical care immediately, both from onboard staff or at the airport or a nearby medical centre on landing. Retain all medical records and any follow-up medical reports.

2. Report the incident

Inform cabin crew and request an official accident report. This ensures the incident is formally documented.

3. Collect supporting evidence

If possible, take photographs of the accident scene or cause of the injury. Collect:

• Witness statements and contact details
• Flight information, including flight number and tickets
• Details of any conversations with the airline or crew
• Receipts for any medical expenses incurred

4. Avoid signing anything without legal advice

If the airline offers a settlement or asks you to sign documents, seek legal advice first. Signing could affect your ability to bring a claim later.

The Airline Injury Claim Process

Once you’ve gathered the necessary evidence, the airline personal injury compensation claim process involves several key steps. Working with a solicitor like the experts at JMW will make sure that everything is handled efficiently and in line with the relevant laws.

A personal injury lawyer will:

• Review the circumstances of the injury sustained.
• Identify the correct legal framework - such as the Montreal Convention.
• Assist in compiling medical evidence and witness statements.
• Manage communication with the airline’s insurance company.
• Prepare and present your case in court if a settlement cannot be reached.

At JMW, we offer a free initial consultation and handle airline injury compensation claims on a no win, no fee basis, meaning there are no upfront or ongoing legal fees to worry about.

How Much Compensation Could I Receive?

There is no fixed amount for an airline injury claim. The compensation you may receive will depend on:

• The nature and severity of the bodily injury.
• Any lasting effects on your health or mobility.
• Medical expenses and travel disruption.
• Loss of earnings if time off work was required.
• Physical pain and the impact on your trip or daily life.

We will always work to secure the maximum compensation available in your circumstances, based on the evidence provided.

Why Choose JMW for Airline Injury Compensation Claims?

At JMW, we have extensive experience handling complex aviation accidents and flight accident claims. Our team of specialist solicitors provides:

• Clear advice on whether you have a valid claim.
• In-depth knowledge of the Montreal Convention and cross-border cases.
• A proven track record of securing positive outcomes against major airlines.
• Transparent support with no hidden costs, on a no win, no fee basis.

One recent example involved a passenger who sustained a serious head injury when a bag fell from an overhead locker during a flight. Although the airline denied responsibility, we gathered strong medical evidence and successfully brought the claim under the Montreal Convention, securing a five-figure settlement. Cases like this reflect our ability to overcome disputes and secure the compensation our clients are entitled to.

We provide practical, responsive legal support throughout the claims process, so you can focus on your recovery while we take care of the legal details.