Airplane Injury Claims

What are Airplane Injury Claims?

If you were to sustain an injury while travelling on an airplane, you may be eligible to make airplane injury claims for compensation. Compensation claims for an airplane injury are legal civil actions which can be made when the company responsible for the airplane in which you were travelling has failed in its “duty of care” to prevent an accident from occurring which has resulted in you sustaining an injury.

Qualifying for Compensation for an Injury on an Airplane

In order to successfully claim compensation for an injury while on airplane, all that has to be shown is that you suffered an injury. Unlike other personal injury claims, many airplane injury claims do not have to prove that an airline company was negligent as, under the Montreal Convention 1999, most airline companies accept liability for any injuries sustained on board its airplane as a condition of carriage.

Not every country and airline company has ratified the Montreal Convention but, if the airplane you are travelling on has either departed from or is due to land in a country in which the Convention applies – or has its headquarters in a country which has accepted the Montreal Convention – you will be able to make airplane injury claims for compensation without establishing that the airline company was negligent.

Your Health Comes before an Airplane Injury Compensation Claim

When making a claim for an injury on an airplane, it is important to prove that your accident resulted in a quantifiable injury. Consequently it is vital that, after sustaining an injury in an accident on an airplane, you receive professional medical attention as soon as possible. By immediately visiting the nearest hospital on landing, the injuries that you sustained due to your airplane accident will be recorded in official medical notes along with any ongoing treatment or long term consequences to your health.

If you waited until you returned home to seek professional medical attention, or relied on first aid administered on the plane, it could be claimed by the airline company that your injuries were not significant enough to warrant hospital attention, or that you contributed to the extent of your airplane injury by delaying a professional examination. If this is the case, you will still be entitled to make airplane injury claims, but how much compensation for an injury on an airplane you receive may be reduced to reflect your own lack of care.

Making Compensation Claims for an Airplane Injury

Once it can be determined that you have suffered an injury on an airplane, you can make compensation claims for an airplane injury. Under the terms of the Montreal Convention, you can make claims for an airplane injury in the country of the plane´s departure, arrival or where the airline company is registered. Most lawyers will recommend selecting the country which offers a defined legal route to claiming compensation for an injury on an airplane in relation to International levels of airplane injury compensation.

The procedure for claiming compensation for an accident on airplane is going to vary according to which country you choose to make your airplane injury compensation claim but – in the USA – your lawyer would write to the airline company, advising it that you are making a claim for an injury on an airplane, and providing proof of injury plus any supporting documents to confirm that your injury happened on board one of the airline company´s planes.

The airline company – or more frequently, their public liability insurers – then has 90 days to conduct its own investigation into your airplane accident and advise your lawyer that they will accept liability for your injuries. Once liability for your airplane injury is accepted by the airline company, your lawyer will liaise with the airplane company´s public liability insurance company to obtain the maximum possible settlement of compensation for an injury on an airplane.

As offers of settlement for airplane injury claims may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for an injury on an airplane you may be entitled to, in order that you do not inadvertently accept an inappropriate offer and are undercompensated. Should you accept an offer of airplane injury compensation which is inadequate for your needs, you cannot go back to the insurance company and ask for more!

How Much Can I Claim for an Injury on Airplane?

How much compensation for an injury on an airplane you will be entitled to receive will depend on the nature and severity of your injury in relation to your age, sex and general state of health prior to your accident on the airplane. The way in which the injury from the airplane accident affects your quality of life will also be taken into account, and it is advisable that you maintain a diary in order to record the occasions when you are unable to perform day-to-day tasks or participate in leisure and social pursuits as a consequence of your airplane accident.

Any expenses you have incurred for medical treatment can be recovered in a claim for an injury on an airplane, along with any costs for alternative forms of transport if you are unable to drive and any loss of earnings if the injury you sustained on the airplane prevents you from working. Consequently, no two airplane injury claims are the same – even when the injuries sustained are identical – and this is a good reason why you should always seek professional legal advice when making airplane injury claims for compensation.

“Contingency Fee” Airplane Injury Claims

Most lawyers will offer a free initial assessment of your airplane accident and injury, and advise you whether you have a claim for an accident on an airplane which is worth your while to pursue. Should you have an airplane injury claim which has a strong probability of success, you will be offered legal representation on a “Contingency Fee” basis.

“Contingency Fee” airplane injury claims enable you to pursue compensation for your injuries without having to worry about lawyer´s fees if your claim for an injury on an airplane is unsuccessful. However, as you may be liable for the airline company´s legal fees if your case is lost, lawyers offering “Contingency Fee” airplane injury claims will want to know of any legal fees insurance you may have attached to a household contents or car insurance policy and will recommend that you to take out additional protection if necessary.

Free Legal Advice about Airplane Injury Claims

If you, or somebody close to you, have been injured on an airplane you are invited to call our freephone service and discuss the circumstances of your airplane accident directly with an experienced public liability lawyer. Our lawyer will provide you with practical and helpful advice which is relative to your personal circumstances and answer any questions you may have about claiming compensation for an injury on an airplane.

There is no obligation on you to proceed with a claim for your injury on an airplane once you have spoken with us and all conversations between yourself and our lawyers are completely confidential. We would advise that you speak with us as soon as possible after you have received professional medical attention following your airplane accident to maximise the likelihood of a successful claim for an injury on an airplane.