What are Scalding on Airplane Claims?
If you were to sustain a scald injury from a spilled hot drink while travelling on an airplane, you may be eligible to make scalding on airplane claims for compensation. Compensation claims for being scalded on an airplane 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 a scald injury.
Qualifying for Compensation for Being Scalded on an Airplane
In order to successfully claim compensation for being scalded on an airplane, all that has to be shown is that you suffered a scald injury from a hot drink. Unlike other personal injury claims, the majority of scalding on airplanes 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 scalded by hot drink 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 scalding on airplanes claims for compensation without having to establish that the airline company was negligent.
Your Health Comes before a Scalding on Airplane Compensation Claim
When making a claim for a scald injury on an airplane, it is important to prove that an accident resulted in a quantifiable injury. Consequently it is vital that, after sustaining a scald injury on an airplane, you receive professional medical attention as soon as possible. By immediately visiting the nearest hospital on landing, the scald injuries that you sustained due to your airplane hot drink 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 for your scald injury, 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 scalding injury by delaying a professional examination. If this is the case, you will still be entitled to make scalding on airplane claims, but how much compensation for a scald injury on an airplane you receive may be reduced to reflect your own lack of care.
Making Compensation Claims for Being Scalded on an Airplane
Once it can be determined that you have suffered a scald injury on an airplane, you can make compensation claims for being scalded on an airplane. Under the terms of the Montreal Convention, you can make claims for being scalded on an airplane 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 a scald injury on an airplane in relation to International levels of injury compensation.
The procedure for claiming compensation for being scalded on an airplane is going to vary according to which country you choose to make your scalding on airplane claim but – in the USA – your lawyer would write to the airline company, advising it that you are making a claim for a scald injury on an airplane, and providing proof of injury plus any supporting documents to confirm that your injury happened due to a hot drink being spilled 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 hot drink accident and advise your lawyer that they will accept liability for your scald injuries. Once liability for your scald injury on an airplane 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 being scalded on an airplane.
As offers of settlement for scalding on airplane claims may be made to you directly by the insurance company, it is advisable to be aware of how much compensation for a scald 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 scalding on airplane 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 a Scald Injury on an Airplane?
How much compensation for a scald injury on an airplane you will be entitled to receive will depend on the nature and severity of your scald injury in relation to your age, sex and general state of health prior to your hot drink accident on the airplane. The way in which the scald injury 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 and scald from a hot drink injury.
Any expenses you have incurred for medical treatment can be recovered in a claim for a scald 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 scald injury you sustained on the airplane prevents you from working. Consequently, no two scalding on airplane 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 scalding on airplane claims for compensation.
“Contingency Fee” Scalding on Airplane Claims
Most lawyers will offer a free initial assessment of your airplane hot drink accident and scald injury, and advise you whether you have a claim for a scald injury on an airplane which is worth your while to pursue. Should you have a scalding on airplane claim which has a strong probability of success, you will be offered legal representation on a “Contingency Fee” basis.
“Contingency Fee” scalding on airplane claims enable you to pursue compensation for your hot drink injuries without having to worry about lawyer´s fees if your claim for being scalded 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” scalding on airplane 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 Scalding on Airplane Claims
If you, or somebody close to you, have been injured on an airplane due to a scald from a hot drink you are invited to call our freephone service and discuss the circumstances of your airplane hot drink 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 being scalded on an airplane.
There is no obligation on you to proceed with a claim for your scald 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 hot drink accident to maximise the likelihood of a successful claim for being scalded on an airplane.