Airline Injury Compensation Claims
If you have sustained an injury during a flight on a plane or helicopter, or while embarking or disembarking at the airport, you may be eligible to make an aeroplane injury claim for compensation. In recognition of the significant risks involved with airline accidents, claims deliver compensation that will cover not only your pain and suffering, but any financial losses related to flight tickets, cancelled trips or missed connections.
At JMW Solicitors, our team has experience in helping travellers successfully secure compensation for in-flight injuries. The process is different from a typical personal injury claim, so it is vital to secure an expert solicitor with a proven track record to give yourself the best chance of success.
To speak to a solicitor about making a personal injury compensation claim for an airline injury caused by somebody else’s negligence, get in touch by calling us on 0345 872 6666, or by filling in our online enquiry form and letting us know a time to get back to you.
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How JMW Can Help You Make a Claim
Our airline injury solicitors have extensive experience in helping travellers make compensation claims for accidents on aeroplanes and helicopters, meaning we understand what to do to get the best possible result for you and your family. We are also able to provide any additional legal advice you might require in this complex area of personal injury law.
We operate on a no win, no fee basis under a conditional fee agreement. This means you won't need to pay any legal fees upfront, and if your claim is unsuccessful, there will be no legal fees to pay at all. Our costs are paid as a percentage of part of your compensation, and we will always work to secure the maximum compensation possible for you.
We aim to make the process as stress-free as possible so you can focus on making a full recovery from your injuries. Compensation sought as the result of an accident can be used to cover the cost of lost earnings, medical treatment and rehabilitation, as well as the pain and suffering you have experienced as a result of your injuries.
Meet Our Team of Solicitors
JMW’s team provides expert advice and support for individuals who have suffered injuries during airline travel, helping you pursue compensation and achieve a fair resolution.
Case Study
Types of Aviation Accidents
While flying on an aeroplane is considered one of the safest forms of travel, airline accidents unfortunately still occur. Accidents can happen to both passengers and crew, either onboard the aircraft or while embarking or disembarking.
Accidents usually occur due to the following:
- Plane or helicopter crashes
- Emergency and heavy landings
- Cabin depressurisation
- Outbreak of fire
- Turbulence
- Burns from hot food and drinks being served on board
- Loose objects falling from overhead lockers
- Slips, trips or falls in or around the aircraft
- Trolley accidents
- Injuries caused by other passengers
There are many other ways in which injuries can arise during a flight. If you have been harmed on a plane and think that someone else was to blame, speak to our expert airline injury solicitors today.
Making a Flight Accident Compensation Claim
Many international airline injury claims for passengers are governed by the Montreal Convention 1999. This provides a strict liability system that means a passenger only needs to prove that an accident occurred.
Accidents must be unusual and unexpected events, and not caused by a passenger’s reaction to flying. As long as this can be proven, your lawyer will be able to pursue a claim for you through the Montreal Convention.
The time limit to make a claim under the Montreal Convention is shorter than for other accidents, at two years, rather than three. It is recommended that you seek immediate legal advice about making a claim for compensation if you have been injured in-flight.
The Montreal Convention does not apply to domestic flights. However, the law of England and Wales applies for injuries on planes travelling within the UK, so you can still seek compensation if an accident was caused by somebody else’s negligence in these instances.
We have also successfully recovered compensation for members of air crew injured during the course of their employment, as they are owed a duty of care by their employers to ensure their health and safety.
FAQs About Airline Injury Claims
- How much compensation am I entitled to for an injury on a plane?
After taking on your case, we will investigate how much your claim is worth. We will enlist the help of an independent medical examiner who will assess your injuries and provide a report on your injuries, including how much compensation may be required to cover your past and ongoing treatment and care. Compensation for your injuries is paid in the form of general damages, which are also based on Judicial College Guidelines that set recommended compensation amounts for different types of injuries. We take into account the severity of your physical injuries and the prognosis for your recovery, but even relatively minor injuries can entitle you to compensation.
The compensation awarded will also include special damages for financial losses relating to your accident. We will consider all of the following:
- Loss of earnings for the time taken off work, or future earnings if your earning capacity changes due to your injury
- Your medical and care requirements
- Any medical expenses for treatment you have already received
- Mobility aids and modifications to your home
- The loss of enjoyment if an accident ruined a holiday
- Any other incurred expenses
You will need to provide evidence to claim damages for financial losses, but our solicitors will help and aim to secure you the maximum amount of compensation for airline accidents.
- How long does the compensation claim process take?
The length of time it takes to process a compensation claim for airline injuries can vary depending on several factors, including:
- Complexity of the case: more complex cases involving severe injuries or multiple parties may take longer to resolve. If you have urgent financial needs, JMW will work to secure interim payments, where you will receive a portion of your compensation before the claims process concludes.
- Gathering evidence: gathering evidence such as medical reports, witness statements and accident details, can affect the timeline. JMW will work quickly to build the strongest possible case.
- Liability disputes: if there is a dispute as to whether the incident constitutes an accident, or over who is liable for the accident, this takes longer than an early settlement, as investigations and negotiations take place. We may need to call in specialist expert witnesses, but liability is accepted quickly in most cases.
- Severity of injuries: cases involving serious injuries may take longer due to the need for detailed medical assessments and reports to fully understand the long-term impact.
- Negotiations and settlement: the duration of negotiations with the airline or their insurers to reach a fair settlement varies. If a settlement cannot be reached, the case may proceed to court, which can extend the timeline.
An experienced personal injury lawyer will work to resolve your claim at the earliest opportunity, but will not compromise on securing the maximum compensation to meet your needs.
- Are there time limits to making flight accident claims?
There are specific time limits for making a compensation claim for airline injuries.
For many international flights, the Montreal Convention applies and sets a strict time limit of two years from the date of the accident to file a claim. This is shorter than the time limit for many other types of personal injury claims, so it is crucial to seek legal advice promptly.
The law of England and Wales applies to domestic flights within the UK, and you typically have three years from the date of the accident to make a claim.
It is important to act quickly and seek immediate legal advice to ensure your claim is filed within the applicable time limits. Delaying your claim could result in losing the right to seek compensation.
- Who will the airline injury claim be made against?
Depending on the circumstances of your accident, a claim will usually be brought against the airline that you travelled with. Our expert solicitors will advise on the appropriate course of action to take when pursuing an air accident claim.
- What types of injuries can be claimed for?
Various types of injuries sustained during a flight or while embarking or disembarking can result in a compensation claim. These include, but are not limited to:
- Injuries from plane or helicopter crashes: serious injuries resulting from crashes or emergency situations.
- Injuries from emergency and heavy landings: injuries caused by rough landings or emergency landings.
- Cabin depressurisation injuries: injuries due to sudden changes in cabin pressure.
- Burns from hot food and drinks: burns or scalds from hot beverages or food served on board.
- Injuries from turbulence: injuries caused by unexpected turbulence, leading to falls or being struck by loose objects.
- Falling objects from overhead lockers: injuries caused by luggage or other items falling from overhead compartments.
- Slips, trips and falls: injuries sustained from slipping, tripping or falling in or around the aircraft.
- Trolley accidents: injuries caused by service trolleys during meal and beverage distribution.
- Injuries caused by other passengers: injuries resulting from altercations or accidents involving other passengers.
- Outbreaks of fire: burns or other injuries caused by onboard fires.
- Injuries from malfunctioning equipment: injuries due to faulty or malfunctioning equipment on the aircraft.
If you have been injured in any of these ways during air travel or when boarding or disembarking an aircraft, speak to JMW Solicitors to learn more about making a claim.
- What evidence do you need for airline injury compensation claims?
You will need a range of evidence to prove a flight accident compensation claim, including proof that the accident happened and was caused by someone else, and medical evidence that shows the nature and extent of the injuries you suffered. The evidence we will collect includes:
- Flight documentation such as a boarding pass, flight ticket, or booking confirmation to prove you were a passenger on the flight in question.
- A formal report submitted to the airline or cabin crew at the time of the incident.
- Medical evidence such as hospital or GP records showing diagnosis and treatment, and paramedic reports if medical attention was provided on board or at the airport.
- Photographic or video evidence of the accident location (e.g. broken seat, loose object, wet floor) and of physical injuries. Whether photographs were taken immediately after the incident or during recovery, they may support your case.
- Witness statements from fellow passengers, cabin crew, or airport staff who saw what happened. Try to collect contact details from any witnesses before leaving the aircraft.
- Evidence of financial losses, such as:
- Payslips or employment letters confirming loss of income.
- Receipts for out-of-pocket expenses such as medical treatment, travel costs, or cancelled bookings.
- Invoices for adaptations or equipment you now need due to your injury.
- Emails or letters exchanged with the airline after the incident, or any other communications with the relevant parties.
Our specialist solicitors have a strong track record of collecting evidence and building strong cases. As a law firm with extensive experience in flight accident claims, JMW can collect the evidence you need to claim compensation for bodily injuries, psychological trauma and financial losses.
- What is the airline injury compensation claims process?
The personal injury claims process is not always straightforward, but the experts at JMW can help you to claim for in-flight injuries under the Montreal Convention and take you through the claims process. There are important milestones that every claim must follow, and understanding these can help you to determine where your claim is up to.
The first thing you should do after an air travel accident is to seek urgent medical treatment. Your medical records will form an important piece of evidence. Make sure you have reported the incident to the airline or relevant airport staff, and keep a copy of any reports they make and any communications you have on the subject.
The claims process starts when you contact a personal injury solicitor. At JMW, we offer a free initial consultation where we can discuss your injury and advise you of whether you have a valid claim. Thanks to our experience in aviation claims, we can explain whether the claim falls under the Montreal Convention (for international flights) or the law in England and Wales.
If you decide to go ahead, we will begin to collect evidence. We may need your boarding pass and flight details, your medical records, and any photographs you took of the accident scene or your injuries. We must prove that your aeroplane injury was due to someone else's negligence, and show the extent of the harm you experienced.
Once we have built the strongest possible case, we will send it to the party that we believe is liable for your accident - usually the airline's insurance company - and they will have some time to investigate. If the airline accepts liability, they may offer a settlement. Most claims settle without going to court, but this relies on the airline offering a fair compensation award for your injuries. If they deny liability or do not offer fair compensation, JMW will begin court proceedings. Your solicitor will represent you in court and explain the evidence we have collected to a judge, who will then rule on your flight accident compensation claim. When you successfully claim compensation, you will receive damages in the form of a lump sum, or sometimes as a series of payments, depending on your needs.
Talk to Us
If you or a loved one has been injured on an aeroplane and are looking to claim compensation, please don’t hesitate to get in touch with our solicitors. To speak to us about making a claim, contact our expert personal injury solicitors on 0345 872 6666, or fill in our online enquiry form and we will contact you.