Air travel is one of the safest forms of transport, but there is still the risk of accidents and injuries during flights and while boarding or disembarking. When an accident happens on a flight, it can raise a range of questions about whether or not you can claim compensation. For example, you might wonder whether you can claim under the law of England and Wales for an injury on an international flight, or when disembarking from a plane in a foreign country. This can also raise questions about whether you can recover compensation from an airline based somewhere overseas.

There are also practical questions that will determine whether or not you are able to claim. Thankfully, in many cases it is possible to claim compensation after sustaining an injury on a plane or during the process of embarkation or disembarkation, because of the protections offered to fee-paying passengers under the Montreal Convention. This provides for strict liability, meaning you are entitled to compensation if you are injured as a result of an accident, without having to prove that the accident was due to the airline's negligence. You will often be able to claim compensation that will cover your pain and suffering, and any financial losses relating to the accident.
Here, the experienced flight accident claims solicitors at JMW explain the circumstances in which you can make a claim and answer some common questions about the flight accident compensation claims process. If you believe you are entitled to compensation for an accident that was not your fault, this guide will help you understand when to seek legal advice from a personal injury lawyer who specialises in airline injury claims, and what you can do to improve your chances of a successful claim.

What Is the Law on Making a Flight Accident Claim Against an Airline?

For injuries on domestic flights in the UK, an airline accident claim can be made under the domestic law in England and Wales. If you suffer an in-flight injury during an international flight, or while boarding or disembarking, you can often bring a compensation claim against the airline under the Montreal Convention 1999. This is a treaty covering the liability of airlines for injuries sustained by passengers during international carriage, and means that the flight accident claims process is relatively consistent for aeroplane injuries.

Whether or not you can make an airline injury compensation claim depends on whether you meet the general legal requirements for such claims. To have a valid claim, you need to be able to prove that:

• You sustained a physical injury
• The injury happened during embarkation, disembarkation, or while on board an aircraft
• The injury was caused by an accident

Unlike many personal injury claims in England and Wales, you do not need to prove that another party was negligent and that this was responsible for your accident. As such, there are many types of accidents to which these criteria apply.

The other important consideration that affects eligibility to claim is any relevant laws about time limits. For international flights covered by the Montreal Convention, the time limit to start court proceedings is two years. For UK domestic flights, the standard personal injury time limit applies, which is usually three years from the date of the accident. It is vital to start the process as early as possible.

JMW offers a free initial consultation during which we can discuss your accident and determine whether or not you are entitled to compensation. We will also make sure that any relevant deadlines are met and keep things on track throughout the process.

What Types of Airline Accidents Can Entitle You to Make a Personal Injury Claim?

It is possible to make a claim in a range of circumstances - airline injury claims do not only apply to plane crashes. In fact, claims may arise for everything from luggage falling from overhead lockers to burns from hot drinks being spilled, or trips or slips in the cabin or while boarding. Beyond these types of accidents, there are also those that are caused by airline mistakes or negligence. For example, defective seats, trays, or sharp edges, inadequate assistance for passengers with mobility needs, or turbulence where no warning was given may all lead to injuries and entitle the injured party to compensation.

Under the Montreal Convention, you do not have to prove that the airline was negligent, only that the injury was caused by an accident. However, the incident must fall within the strict definition of “accident” under the convention. You will also need to gather evidence to prove the nature of your accident in these cases.

What Evidence Do You Need to Make a Claim?

You may need a range of evidence to prove the necessary points listed above. Before you speak to a solicitor about starting the claims process, try to gather any evidence that you have access to. For example, we may rely on:

• Your boarding pass and flight details to prove that you were on the flight in question
• Medical evidence (such as medical records)
• Photographs of your injuries and the accident scene
• Contact details for fellow passengers, cabin crew or airline staff, who can provide witness statements supporting your version of events
• Receipts for any expenses or losses incurred as a result

Documenting everything as soon as possible strengthens your position, particularly if the airline disputes the claim. This means that you should see a doctor as soon as possible after your injury, and report it to the airline immediately. The airline should file an incident report, and any proof you can provide to show that the injury was reported to the airline can support a claim.

How Much Compensation Can You Get?

The level of compensation you will receive depends on the severity of your injuries and the financial impact on your life. Compensation can cover a range of losses, although you will need to provide strong evidence to secure the maximum compensation for your injuries. The losses you can claim for include:

• Pain and suffering from physical injuries
• Lost earnings, if you had to take time off work
• Medical expenses, both in the UK and abroad
• Costs of travel, rehabilitation and care
• Loss of enjoyment of your holiday or trip

Compensation for specific injuries are based on the Judicial College Guidelines, which establish ranges of compensation for injuries based on their severity.

There are also limits under the Montreal Convention for the amount an airline can be required to pay, although these may be exceeded in some cases if the airline is found to be at fault. Unlike when claiming for personal injury compensation under English law, you cannot claim for psychological injury or emotional distress alone under the Montreal Convention.