Travelling by air has become a normal part of everyday life for most people. Some people may use it to commute to work, some to visit family living abroad, and some may use it for holidays and exploring the world. For the most part, flights go smoothly, and flying still remains statistically to be one the safest ways to travel. Despite this, accidents do happen, and if you have been injured in an accident that was not your fault while boarding, while in flight or even when disembarking, you could have grounds to make an airline injury claim.
It is possible to make a claim against an airline if you have been injured in an accident during a flight that was not your fault. For example, an in-flight injury could be caused by falling luggage, hot drinks spilled on you from the food cart, you could be injured during rough turbulence, etc. An airline injury claim could be made against the airline, the company who manufactured the aeroplane, or another person who may have been at fault for your injuries.
After an accident on a flight you could claim for compensation for an airline injury. Our solicitors could help you make a no win no fee personal injury claim for an airline injury that you developed through the negligent actions of an airline or other person. This guide has been designed to explain the fundamentals to making a claim for an airline injury, but if you have any further questions or are considering making a claim, then our advisors are ready and waiting to take your call. Contact u today on 0800 073 8801, or alternatively, you can use our handy online contact form to schedule a call back from us at a time that suits you best.
Select A Section
- A Guide To Airline Injury Claims
- What Is An Airline Injury?
- How Does The Montreal Convention Protect Air Passengers?
- Further Airline Passenger Rights
- Types Of Airline Accidents And Injuries
- Slips, Trips And Falls Whilst Boarding Or Disembarking An Aircraft
- Burns Caused By Hot Drinks Or Food
- Struck By Luggage Falling From An Overhead Locker
- Airline Service Trolley And Car Injuries
- Airline Seat Injury Claims
- Claims By Passengers Or Crew For Injuries During Turbulence
- Fatal Airline Injury Claims
- Airline Injury And Accident Compensation Calculator – Updated August 2021
- Special Damages Which Could Be Awarded To Airline Injury Victims
- No Win No Fee Airline Injury Compensation Claims
- Why Make Your Claim With Us?
- Start Your Airline Injury Claim Today
- Essential Resources
A Guide To Airline Injury Claims
As mentioned, flying is still commonly recognised as one of the safest ways to travel, but accidents do happen, and according to the Department of Transport, in 2018 alone there was a total of 52 casualties caused by in-flight accidents. These casualties included commercial and other types of aviation on UK registered aircraft, in UK airspace and were a combination of minor, serious and fatal injuries.
With statistics like these, it is no surprise to us then to be approached by people seeking to make a claim for airline injury compensation. There are many possible causes for an airline injury, such as a slip, trip or fall when getting on or off the flight, a fault in an aeroplane, such as a faulty seat that injured you, etc. It may be possible to claim for an airline injury if it was caused by an accident that was not your fault. This can include negligence by airline staff, errors made by aeroplane manufactures, or the actions of another when in flight.
Read on to find out more in-depth information on making a claim against an airline or making a claim for an accident on a flight that caused you an in-flight injury. This guide goes through the possible causes, who liability may lie with should you claim, and even an airline injury compensation calculator table to help give you an idea of the types of sums awarded in these types of claims.
What Is An Airline Injury?
An airline injury is defined as any harm that has come to a person as a result of an error or accident caused by the negligent actions of another while in flight. It does not purely refer to injuries caused in a plane crash, but to any kind of accident that happens while boarding, while in-flight, or while disembarking from a flight. Flight accident compensation claims, airport accident claims, and airline negligence cases are all sought when an injury is caused to the passenger by an accident that was not their fault, or the fault of the airline, the manufacturer or someone else on the flight. Liability can vary from case to case, but our experienced legal team could help you sort through the facts of what happened, and help you identify if you might have a claim.
How Does The Montreal Convention Protect Air Passengers?
The Montreal Convention 1999 is a joint agreement between member countries that helps to protect the rights of passengers and provide a clearer understanding of liability for issues that occur during international flights. The convention sets out common rules for different airlines to follow, which simplifies the process of establishing who is liable when accidents, luggage issues or flight disruptions occur.
The Montreal Convention essentially makes it easier to identify who might be liable to pay compensation if an issue occurs during an international flight. These issues can include:
- Compensation for disruptions like delays and cancellations to flights that result in extra costs, such as needing to buy a new ticket, or pay for a hotel overnight.
- Luggage issues, including lost, delayed or damaged luggage.
- Injuries sustained on the flight, ranging from minor to fatal, and caused by small accidents to a serious air crash
It also allows a person to pursue a case of aircraft accident compensation against a liable airline in their home country. For example, an Indian national may have been flying from Ireland to the USA, experienced an accident causing injury mid-flight, and they could then pursue their claim for air crash compensation in India. This aspect to the Montreal Convention can vary greatly, and we recommend that if you need any more information on how the Montreal Convention may affect your claim, then you should contact us directly.
Further Airline Passenger Rights
Alongside the Montreal Convention, there are other rights that EU citizens have that have been set down by many EU regulations. These regulations are similar to those of the Montreal Convention, and outline that airlines are responsible for ensuring that flights are on time, and that luggage is protected while in the care of the airline. There can be exceptions, and before you claim against an airline you may have to provide evidence that proves the issues were caused by the airline’s negligence.
The regulations also set out that in the event of an airline injury that was clearly caused by an accident while boarding, in-flight, or disembarking. There is an upper and lower tier of compensation for an in-flight injury, and the liability of the airline can change for each one. This may seem complicated, but our advisors and solicitors have extensive experience in airline injury compensation claims and could help guide you through the process step by step.
Types Of Airline Accidents And Injuries
Contrary to popular belief, an airline injury does not only include injuries sustained in a plane crash. An in-flight injury can be caused by more minor accidents but can still be highly traumatic for the person who experiences them. As we will look at in greater detail below, there are many possible instances where a person could be injured while flying and seek to make an airline injury claim, and they can include:
- You could claim for an airline injury caused by slips, trips and falls while getting on and off a flight
- Burns caused by hot drinks or food that was being served in-flight
- You could claim against an airline for luggage falling from an overhead locker causing an injury
- You could be injured by a service trolley or car during the flight
- You could be injured by a faulty seat
- It also possible to claim for injuries caused to passengers and crew from turbulence while flying
- You could claim for an accident on a flight that caused a fatal injury to a loved one
Read below for more information on how these accidents can come about.
Slips, Trips And Falls Whilst Boarding Or Disembarking An Aircraft
An airline injury claim can be made for a slip, trip or fall while boarding or disembarking from a flight. While airlines take measures to make planes accessible to all passengers, there can be instances where equipment such as aircraft steps or the boarding tunnel can cause an accident. For example, if a panel or piece of the floor of the tunnel is sticking up or not flat, it could cause you to trip over and become injured. Or if the aircraft steps are slippery, or the rail is not secure, it could cause you have a fall. In this instance the airline might be liable to compensate you for your injuries if you can prove that the accident was not through any fault of your own.
Burns Caused By Hot Drinks Or Food
It is possible to claim for an airline injury that has been caused by burns from a hot drink or food. It is common for airlines to offer tea, coffee, soups, and hot meals on short and long-haul flights, and sometimes accidents can happen when they are being served. For example, a flight attendant might cause a coffee burn after accidentally dropping it on a person. Or a passenger might get a tea burn if another passenger spills it on them. It is possible to suffer quite serious burns from hot drinks and food, and if you were burned during a flight in an accident that was not your fault, you could have grounds to make a claim.
Struck By Luggage Falling From An Overhead Locker
An airline injury can be caused by loose luggage that falls from the overhead lockers commonly used on aeroplanes. If this happens because they were not correctly secured, or there was a mechanical fault in the locker itself, and it caused you an injury, you could claim against an airline for compensation. Luggage can sometimes be quite heavy, and if it falls on a person from a height it could cause considerable injuries, such as head injuries or even knock someone unconscious. If luggage has fallen on you from an overhead locker and caused you an in-flight injury, contact us today to see if you might be able to make an airline injury claim.
Airline Service Trolley And Car Injuries
Airline trolleys or cars are a common sight on most planes, and most of us have probably experienced the urgency of pulling our elbows out of the way as they come past. While this may seem minor and jovial, sometimes a trolley can cause real injuries. Airline injury claims have been made in the past for injuries caused by unattended or unsecured trolleys that crash into passengers or hit a part of a person that was not tucked in from the aisle, like their head, leg or arm.
If you have been injured by a service trolley or car during your flight because it was not correctly tended or secured by a flight attendant, you could make a claim for airline injury compensation. Contact us today if you are unsure if you have a reason to make a claim.
Airline Seat Injury Claims
Seats can sometimes be damaged after a rough flight, or through overuse from many passengers. It is the duty of the airline to ensure that the seats and all other elements of the plane are regularly checked for defects or damaged and repair them as necessary. Despite this, claims for an airline injury caused by damaged or faulty seats still happen. This can be because of sharp objects sticking out or a faulty mechanism that caused your injury. You could claim for an accident on a flight caused by your seat if your injury was not caused by your own improper use of the seat.
Claims By Passengers Or Crew For Injuries During Turbulence
You could claim for an accident on a flight that was caused as result of turbulence. This type of case can vary according to circumstances, but generally, if the flight attendants or pilot failed to warn people of the turbulence, tell people to take their seats or turn on the fasten seat belt sign and it caused you to become injured, you might have a case to claim for compensation. However, if you were out of your seat or were injured by turbulence after fair warning has been given by the airline, then they might not be liable for your injuries. If you are unsure contact us today and we may be able to help you determine if you should proceed with a claim.
Fatal Airline Injury Claims
There are a lot of ways a person could be injured after an aviation accident, and though it is rare, it does happen that these injuries can sometimes be fatal. Unfortunately, through tragedies such as this, the impact is not just on the person who lost their life, but also on those who knew them or depended on them, like their family. It may be the last thing to occur to most people, but there is a lot of emotional and financial hardship associated with losing a loved one as a result of a plane accident.
Plane crash compensation for the death of a loved one may not erase what happened, but it can go a long way towards easing stress and financial worries during a very difficult time, and it is perfectly normal for people to wonder, “What compensation do the families of plane crash victims receive?” Our compassionate and friendly advisors could talk to you about all the aspects of claiming for the loss of a loved one, and we advise that it is better to contact us as soon as you consider making a claim. This is due to the fact the personal injury claims time limit is less for claims of this type, at two years rather than three.
Airline Injury And Accident Compensation Calculator – Updated August 2021
To help give you an idea of the possible awards given for plane crash injuries compensation in the UK, we have included a personal injury claims calculator table below. It is important to note that the severity of injuries and the overall impact had on a person’s life can greatly affect the amount awarded, and the below figures are only indicative.
| Injury | Amount | Comment on Severity |
|---|---|---|
| Severe Burns | Likely to exceed £98,380 | Burns are difficult to quantify, and while this award amount is for buns that cover 40% or more of a person’s body, lower amounts may be calculated according to the overall severity of the burn and resulting issues. |
| Brain Damage – Moderate (c)(iii) | £40,410 to £85,150 | Where head injures result in impairment of concentration and memory. |
| Minor Brain or Head Injury | £2,070 to £11,980 | This award can vary greatly according to certain factors, like severity, symptoms and how long it takes to recover. |
| Severe Neck Injuries (a)(iii) | £42,680 to £52,540 | This includes fractures ad soft tissue damage that results in long term or permanent disability. |
| Minor Neck Injuries (c)(i) | £4,080 to £7,410 | This bracket covers soft tissue damage that takes one to two years to heal and injuries that exacerbate pre-existing conditions. |
| Moderate Back Injuries | £26,050 to £36,390 | This is for injuries to the back that include crushed or fractured vertebrae, with an increased possibly of needing spinal fusion. |
| Minor Back Injuries | £7,410 to £11,730 | This bracket is for back injuries that heal within two to five years without the need for surgical intervention. |
| Simple Fractures to the forearm | £6,190 to £18,020 | This bracket refers to injuries that have resulted in a simple fracture to bones in a person’s forearm. |
| Moderate Knee Injuries | £13,920 to £24,580 | This bracket covers injuries that include damage to cartilage and vital ligaments, resulting in long term instability of the joint or accelerating a pre-existing condition. |
There are many different kinds of injuries that a person could develop from an airline accident, and for more accurate estimations directly related to your situation, we recommend you contact us directly.
Special Damages Which Could Be Awarded To Airline Injury Victims
Airline injury claims are primarily made for general damages, which seeks compensation for the pain and suffering endured as a direct result of your injury. However, there can also be other types of damages, called special damages that can be included as part of your claim. Each airline injury claim is different, and not all of these damages may be applicable to your case, but we have included them below to give you an idea of the common damages claimed for.
General Damages: As mentioned, this is claimed to compensate you for the pain and suffering directly caused by your airline injury.
Special damages: This refers specifically to financial loss caused by your in-flight injury and the impact it has had on your life. These financial losses can be caused by:
- Loss of earnings from needing time off work, having to quit your job, or being forced by your injuries to seek a more suitable job that offers less pay. In more serious cases, it may also be possible to claim against an airline for future loss of earnings
- Medical expenses can also be included in your claim for an accident on a flight, such as prescription costs, or specialist medical care required to treat your injury, such as physiotherapy or costs for seeking counselling to treat psychiatric issues resulting from your injury
- Travel costs can accrue as a result of needing to attend medical appointments or legal meetings relating directly to your injury and legal proceedings
In certain cases, where a loved one has had fatal injuries, airline injury compensation can also be claimed to cover funeral costs and repatriation costs.
No Win No Fee Airline Injury Compensation Claims
All of our solicitors work under a Conditional Fee Agreement (CFA) and this is known generally as a no win no fee claim. A CFA states that the claimant will not have to pay for the personal legal fees of their solicitor if their case is not successful. If, however, their claim is successful, the fees for the solicitor are taken from the overall compensation amount awarded.
If you choose to make a no win no fee airline injury claim with us, all fees and potential costs should be discussed with your solicitor before you proceed with a claim. It is worth noting that the amount a solicitor can expect is capped at a maximum of 25% of the overall compensation amount awarded.
Why Make Your Claim With Us?
Our personal injury lawyers are dedicated to securing you the highest possible amount for your injuries and will help to guide you through the process of making a claim. Our solicitors are highly experienced in handling personal injury claims of all kinds. When you first contact us, our advisors will use the facts you supply them with to match you with a solicitor with the most relevant experience in handling your claim.
Start Your Airline Injury Claim Today
If you choose to connect with one of our personal injury solicitors, you can reach us on 0800 073 8801 and our advisors can tell you where to start. If you don’t have time to call, you can arrange to have us call you back at a time that suits you best by filling out our handy online contact form.
Making an airline injury claim – FAQs
Can you sue for an airline injury?
The Montreal Agreement which many countries abide by means that you can sue an airline for injuries sustained onboard or whilst embarking or disembarking.
How to make a claim for compensation from an airline.
To support your claim you should collate information about the date and time of your flight, the flight number and your seat number. You should also request any medical records that show the extent of your injuries. You could then contact a personal injury solicitor to have your case assessed.
What are the time limits for airline injury claims?
In UK law, personal injury claims have a 3-year limitation period. However, claims under the Montreal Agreement have a 2-year limit. So that you don’t miss out on compensation, you should begin your claim as soon as possible or speak to a personal injury lawyer that specialises in airline claims.
If you have further questions about making an airline injury claim, please connect to us via live chat today.
Essential Resources
British Airways Flight Accident Claims – This is a guide to making an airline injury claim against British Airways.
Accidents On Holiday – Click here to read a guide to making a claim for accidents on holiday.
Jet2 Flight Accident Claims Guide – This is our online guide on how to make an airline injury claim against Jet2.
Air Accident References
The Montreal Convention 1999 (MC99) – See this article for more information on the Montreal Convention.
Am I Entitled To Compensation? – See this article from the Civil Aviation Authority for more information on your rights as a passenger.
Air Transport FAQs – See this article from the Health and Safety Executive for the most frequently asked questions on air transport.
Other Compensation Guides
- Greece Accident Claims Guide
- Turkey Accident Claims Guide
- Spain Swimming Pool Accident Claims Guide
- How To Make An Airline Injury Compensation Claim?
- Do You Need To Use A Solicitor In Spain For A Personal Injury Claim?
- Italy Accident Claims Guide
- The Netherlands Accident Claims Guide
- France Accident Claims Guide
- Ski Accident Claims Guide
- Portugal Accident Claims Guide
- France Car Accident Claims Guide
- A Guide To Portugal Car Accident Claims
- Psychological Injuries
Thanks for taking the time to read our guide about making an airline injury claim
Article by Jenny