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.
At JMW Solicitors, our team has experience in helping travellers successfully secure compensation for in-flight injuries in what is often a highly technical area of law.
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.
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, meaning you won't need to pay any legal fees upfront, and if your claim is unsuccessful, there will be no legal fees to pay.
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.
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.
When calculating compensation for a claim, we will consider the following:
- The severity of your physical injuries
- The prognosis for your recovery
- Loss of earnings for the time taken off work
- Your medical and care requirements
- Mobility aids and modifications to your home
- The loss of enjoyment if an accident ruined a holiday
- Any other incurred expenses
We will 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.
- Gathering evidence: the time required to gather sufficient evidence, such as medical reports, witness statements and accident details, can affect the timeline.
- Liability disputes: if there is a dispute as to whether the incident constitutes an accident, or over who is liable for the accident, this can prolong the claim process as investigations and negotiations take place. In some cases we may need to call in specialist expert witnesses.
- 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 can vary. If a settlement cannot be reached, the case may proceed to court, which can further extend the timeline.
- 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.
For domestic flights within the UK, the law of England and Wales applies, and typically, you 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.
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.
