Airline And Aeroplane Injury Claims Guide – How To Claim
Taking a flight is often associated with something which we are looking forward to, such as our summer holiday and flying off to a beautiful location. Flying is the safest form of travel and time and again each year is the safest year on record for flying. Whilst most of us will have a relaxing and event-free flight, or a small delay, for some, their flight could end in a trip to the hospital at their destination and possibly a ruined holiday.
If you are injured whilst flying as a passenger, either on a domestic UK or international flight, there are various mechanisms in place to support you as a victim and to help you make an airline injury claim, helping you to get compensation for the injury itself, as well as any other losses that you have encountered.
In this guide, we look at how people can be harmed on a flight, the ways in which aeroplane injury claims can be made, and how much different injuries might be awarded in damages, before looking at how our team could help you. When you are ready, you can contact our team on 0800 073 8804 to launch your No Win No Fee airline negligence case. Alternatively. you can use the pop-up window in the bottom right, or fill out the online form on our website.
Select A Section
- A Guide To Airline Injury Claims
- What Are Airline Injury Claims?
- What Accidents And Airline Injury Claims Can We Handle?
- Can You Claim Under The Montreal Convention For Airline Injuries On An International Flight?
- Airline Injury Claims Against A Package Holiday Company
- Airline Injury Claims Made On Behalf Of A Child
- What Time Limits Are There For Aeroplane Injury Claims?
- What Damages Can Be Included In An Airline Injury Claim?
- Airline Injury Claim Personal Injury Calculator
- No Win No Fee Airline Injury Claims
- How We Can Help People Make Aeroplane Injury Claims
- Contact Legal Expert Today
- Additional Resources
- Airline injury claims- FAQs
A Guide To Airline Injury Claims
Despite the several very public or high profile examples of air crashes in recent years, air travel today is statistically the safest way to travel. This is despite the number of commercial flights, and the number of passengers increasing year on year.
If you have been involved in any type of airline accident or injury in the past two to three years, and you can show that someone else, such as your airline, were to blame, we could help you make an airline injury claim.
To find out more about airline injury claims and aeroplane injury claims, please read on or get in touch with our team for more information.
What Are Airline Injury Claims?
When you think of an aeroplane injury claim, you probably think that you can only make this type of claim in the case of a dramatic event, such as a plane crash. However, this is not the case. Sadly, there are many different ways in which someone can be harmed whilst on an aircraft, thankfully though, most of these are far less dramatic than a plane crash. Other Ways in which people can be harmed whilst on a plane include:
- Technical problems with the planes systems, or parts of the plane you interact with.
- Damage to the internal passenger areas which have not been fixed.
- Hazards, which could cause someone to slip or fall over, either when on the plane, or when entering/ exiting it.
- Foods or drinks being served too hot and causing injury.
- Passenger luggage, which is not properly stored.
- Faults with your seat causing injury.
- Unexpected inflight turbulence, or bad landings causing injury.
To find out if your injury makes you eligible to sue your airline for negligence, or for further details on airline injury claims and aeroplane injury claims, you can contact our team today.
What Accidents And Airline Injury Claims Can We Handle?
In-flight injuries on aeroplanes compensation claims can be made in a variety of different circumstances. However, there are some forms of flight accident claims which our personal injury lawyers and solicitors will see more often than others
- Slips, trips and falls could happen during embarkation or disembarkation of a flight, or whilst walking around the aircraft.
- Suffering from illnesses such as being exposed to an allergen, having a food allergy, or even suffering food poisoning.
- Being assaulted in some way on the flight.
- Suffering an injury during (unexpected) turbulence, or during a bad landing.
- Burns and scalds, such as hot coffee burns and hot tea burns.
- Head and bodily injuries caused luggage to fall from an overhead storage bin.
To learn more or make an enquiry, contact our team today about airline injury claims and aeroplane injury claims.
Aeroplane injury statistics
The number of casualties reported on UK aircraft in UK airspace has been relatively low since 2019, and as the graph below using information from the Department of Transport shows, there is no clear trend in the number of injuries taking place.
Since 2009, there have been no fatal accidents involving either crew, passengers or third parties in UK registered aircraft in UK airspace. The majority of the injuries that were sustained were minor. Although, in 2012 when the highest number of casualties was recorded, there were 3 serious injuries to passengers.
Please note that the information above is not in relation to negligence and so not all of these casualties will be grounds for a personal injury compensation claim.
Can You Claim Under The Montreal Convention For Airline Injuries On An International Flight?
Montreal Convention personal injury claims can only be made for flights between international airports of signatory countries. The Montreal Convention 1999 was designed to establish the airline’s liability in the event of injury or even death of a passenger. As a side note, it also applies to claims for flight delays or damage to your property. The convention is designed to be a single and overarching set of rules governing when an airline is liable for injuries.
Making a Montreal Convention personal injury claim is usually quite straightforward. The Montreal Convention places signatory countries and airlines under strict liability. What this means as a passenger or a claimant is that as long as you can clearly show you were injured on a flight you can make a claim. The convention holds the airline responsible for any and all harm you come to on the flight.
You can find out more about the Montreal Convention by clicking the link at the bottom of this guide.
Airline Injury Claims Against A Package Holiday Company
If your accident or injury happened whilst you were on a flight that was booked as part of your package holiday, your airline accident claim could be made against the package holiday company you booked your holiday with.
Under the 1992 Package Travel Regulations, holiday companies have a responsibility to ensure your safety through every part of your package, whether that is the accommodation or transport booked as part of the holiday. Your holiday company is also responsible for the services as provided by and actions of any companies acting on their behalf and other representatives. Airlines and their employees fall under this category.
To make an air travel accident compensation claim against a package holiday company, you need to show;
- That your flight qualifies as part of a package holiday. Your solicitor will check that your holiday qualifies.
- That somebody else (such as an airline or their staff) was responsible for the injury.
Our next section will go into greater detail on airline injury claims and aeroplane injury claims made on behalf of children. If this is something that is of interest to you, please read on.
Airline Injury Claims Made On Behalf Of A Child
If you are the parent or guardian of a child (anyone under the age of eighteen) who have been harmed in an airline accident, you could claim compensation for the injuries they suffered on their behalf. Anyone under the age of eighteen is not legally able to bring a claim in their own right and needs someone else to do this for them. Alternatively, such claims have a longer time limit running (for someone claiming on behalf of the child) till they are eighteen, or (for the then adult claimant) from their 18th to their 21st birthday.
Anyone under the age of eighteen will need a litigation friend to act on their behalf. This UK government guide provides more information as to what a litigation friend is, and how the process works.
If you’re wondering “how long do I have to make airline injury claims and aeroplane injury claims?”, then our next section will be helpful to you.
What Time Limits Are There For Aeroplane Injury Claims?
When you are making any type of claim you need to be aware of the applicable personal injury claim time limit. The window can operate differently to if you’re making another kind of claim, such as for an injury at work. In the case of aeroplane injury claims, you may find that you do have a reduced amount of time in which to make your claim. As discussed when looking at the Montreal Convention, we know there is a shorter time limit of two years in which to make a claim.
As there can be shorter and variable time limits in making an air accident claim, it is important that you get in touch with a personal injury lawyer who can help you sue your airline for negligence as quickly as possible. We have researched the most commonly applicable ways in which you will make a claim, and the appropriate time limit you have to do it in.
| Airline Injury Claim Time Limits | |
|---|---|
| Applicable Legislation | Time Limit |
| General claim | 3 years |
| Package Travel Regulations, 1992 | 3 years |
| Montreal Convention | 2 years |
Read on for more information on what can be included in airline injury claims and aeroplane injury claims.
What Damages Can Be Included In An Airline Injury Claim?
International agreements and conventions, as well as EU law, have been incorporated into UK law. This means that you can claim damages from the airline responsible for the harm you have suffered (either physical or mental harm) as a direct result of the airline’s negligence. This is covered by what is called general damages. In many cases, this will be the largest part of your total compensation settlement. As well as the injury, you are also compensated for any loss of amenity you have suffered (such as the loss of use of a limb) and the overall effect that this has had on your quality of life. The other main component of a personal injury claim is special damages.
Special damages are a type of compensation that is awarded to a claimant to compensate them to for any costs and/ or expenses that are directly related to the accident and injury. Examples of special damages which people can commonly claim might include things such as the cost of medical treatments or appointments, care in the home, adaptations to a home or vehicle, the costs of returning home in an emergency and even any loss of income that came as a result of the injury.
We always advise people to keep a record of any costs that they have had to meet, as well as copies of official invoices and receipts. These can be used later in airline injury claims and aeroplane injury claims.
Airline Injury Claim Personal Injury Calculator
There are many personal injury claims calculators available online for all different types of injury or circumstances of the accident. However, these are not always accurate. Whilst you may be eager to find out how much you could claim, it is difficult for us to give an accurate assessment, without discussing with you what happened.
There will be a variety of different factors around your injury itself which will help to determine how much you could be awarded. The most important is often the severity and the nature of how you were harmed.
In our personal injury claim calculator, we have included examples of different ways in which you might have been injured on a flight, and the upper as well as lower limit within which your settlement may fall.
| Body Part Injured And Severity Of Injury | Potential Settlement | Comments/ Notes |
|---|---|---|
| Leg Injuries – minor | Up to £13,210 | Soft tissue damage/ injury such as an abrasion or minor levels of fracture. No long term damage. |
| Leg injuries – less serious | £16,860 to £26,050 | Fractures from which an incomplete recovery is made or serious soft tissue injuries. In the case of fracture injuries, the injured person will have made a reasonable recovery but will be left with a metal implant or defective gait, a limp, impaired mobility, sensory loss, discomfort or an exacerbation of a pre-existing disability. |
| Leg injuries – moderate | £26,050 to £36,790 | More complicated fractures, such as a compound fractured leg. May also include a dislocated leg joint. The level of an award within the bracket will be influenced by the extent of treatment undertaken, the risk of future surgery, impact on employment and limited joint movement. |
| Leg injuries – serious | £36,790 to £127,530 | Awards to the highest end of the bracket will include injuries where, although the leg was not amputated, the injuries are so extensive that the leg is little better off than if it had been. |
| Leg injuries – amputation | £91,950 to £264,650 | Above or below knee amputation of one or both legs |
| Neck injuries – minor | Up to £7,410 | Soft tissue damage/ injury such as an abrasion. Where a full recovery takes place within three months to one to two years. |
| Neck Injuries – moderate | £7,410 to £36,120 | This bracket ranges from moderate soft tissue injuries where the period of recovery has been fairly protracted and where there remains an increased vulnerability to further trauma, to Injuries such as fractures or dislocations which cause severe immediate symptoms and which may necessitate spinal fusion. |
| Neck injuries – serious | £42,680 to £139,210 | There will be pain accompanying this injury whilst may restrict neck and shoulder mobility, usually resulting from serious fractures or damage to discs in the cervical spine. |
| Back injuries – minor | Up to £11,730 | Minor back injuries such as abrasions, bruising and other forms of soft tissue injury. Could also include strains and sprains in the back muscles. No significant permanent injury. |
| Back injuries – moderate | £11,730 to £36,390 | These injuries can affect soft tissue such as connective tissue or the muscles. There may be damage to any parts of the back individually or as a whole. During recovery there will be some levels of pain, however there should not be permanent or lasting damage. |
| Back injuries- severe | £36,390 to £151,070 | Ranging from cases of disc lesions or fractures of discs or of vertebral bodies or soft tissue injuries leading to chronic conditions to cases of the most severe injury involving damage to the spinal cord and nerve roots, leading to a combination of very serious consequences |
| Shoulder injuries- severe | £18,020 to £45,070 | Often associated with neck injuries and involving damage to the brachial plexus which result in significant disability |
| Shoulder injuries- serious | £11,980 to £18,020 | Cases of rotator cuff injury with persisting symptoms after surgery will usually fall within this bracket, as will cases of soft tissue injury where intrusive symptoms will be permanent. |
Please remember that your aeroplane injury claim and settlement will be unique to you and that these figures should only ever be used as a guide. Talk to a specialist solicitor to find out how much you could claim.
What Is A Good Settlement Offer?
With many personal injury claims, including a claim for an aeroplane injury, the defendant may make an initial early offer. For aviation accidents, the defendant will often be the airline you were travelling with at the time. They could be fully aware that you’re entitled to compensation and be trying to bring the claim to a close by making an offer. However, this early offer tends to be quite low. It could seem like a lot of money. However, it’s possible the airline could be trying to bring a swift conclusion to a case that could end up costing them much more in the long run if court proceedings are issued.
You should always check with your solicitor before accepting a settlement for an aeroplane injury.
No Win No Fee Airline Injury Claims
If you have been injured on a flight as a passenger it will almost always be the case that the airline is responsible for your accident and injury. As such, we offer claimants the chance to make flight accident claims through a No Win No Fee agreement. This means that in almost all cases, you will not have to pay any fees to your personal injury solicitor if they do not recover any compensation for you.
If your air accident claim is successful, the solicitor’s fees could be deducted from the compensation settlement. However, in some cases, these costs could be paid for by the airline’s insurance company as a part of your cost. This is often the way in which fees are paid for under a No Win No Fee agreement.
At the start of your airline injury claim, we will explain in detail how your claim can be funded and the different options which are open to you. You can read more about how our No Win No Fee service can help you in this guide.
Our team can also offer you a free consultation to start your claim. This can be carried out over the phone and is a chance for you to explore how airline accident claims work in a no-obligation setting. You can then choose whether or not to continue and make a claim with our team.
If you wish to find out more about how to make an airline negligence case, speak to our team today.
How We Can Help People Make Aeroplane Injury Claims
When we work with you to make your airline injury claim, there are several pieces of UK or Eu legislation, as well as international conventions which we can use to hold the airline who caused your injury to account.
Personal injury claims made for flights within the UK will often be done so under UK law. In these cases, you will need to show that your accident or injury was a result of negligence on the part of either the airline’s staff or the airline as a whole.
If you are claiming compensation for in-flight injuries on aeroplanes for an international flight, you can usually do so by using either the Montreal Convention (discussed above) or the Warsaw Convention. These are international agreements between numerous countries which take priority over any local or domestic (country-specific) laws. They will set out the basis under which you can build your compensation claim and the airline’s liability for your injuries.
It is important that if you are not making your claim under domestic UK law (or even if you do), you need to be aware of the appropriate personal injury claim time limit you have to do this in.
Contact Legal Expert Today
If after reading our guide to airline injury claims you feel that you do have an aeroplane injury claim you can talk to our team. At Legal Expert, we have friendly and experienced solicitors who are ready to help you get the damages you are owed.
To get in touch with us, use any of the methods below;
Call: 0800 073 8804
Live Chat: Speak to us using the pop-up window in the bottom right
Website: Fill out our online form to see if you could have a valid claim.
Email: Office@LegalExpert.co.uk
However you choose to get in touch with our team, we are here and ready to start your claim.
Additional Resources And Airline Injury Claim Legislation
Below we have included details of where you can find additional information in the event of an accident or injury on or involving an aircraft.
The Montreal Convention – The International Air Transport Association
This is a more detailed guide on the Montreal Convention in air passenger rights and airline obligations on international flights, including nations that have ratified the convention.
The Civil Aviation Authority
This is the UK’s dedicated airline regulator. At their site you can find out more information on your rights as a passenger, and what to do if things go wrong with your flight.
International Air Transport Association
On this page from the IATA, you can find out more information about the Montreal Convention and how it affects your air passenger rights on an international flight.
EU Air Passenger Rights
On this page from ‘Your European Union,’ you can find out more about air passenger rights in the EU, which can benefit you in the event of an accident or incident.
British Airways Flight Accident Claims
If you have been injured, had an accident, suffered food poisoning, or otherwise been harmed on a British Airways flight, view this guide.
How Much Compensation You Could Earn For An Accident On A Bus Or Coach
Some package holidays may include busses or coaches for certain legs of your journey. It’s possible to make claims for injuries sustained aboard these too.
This Is Our Guide To What Your Claim Could Be Worth Following An Accident Abroad
Some may not know this, but you can also make a claim for injuries that weren’t your fault whilst in another country.
Further Helpful Guides
- Holiday Accident Claims In Crete
- Hotel Accident Claims In Turkey
- How Much Compensation Can I Claim For Injury in Denmark
- Hotel Accident Claims In France
- How Much Compensation Can I Claim For Injury In The Netherlands
- How Much Compensation Can I Claim For Injury In Poland?
- A Guide To Travel Republic Holiday Accident Claims
- Accident Abroad Claims Guide
- Package Holiday Claims Guide
Airline injury claims- FAQs
Can I claim if I was injured on an aeroplane as a member of staff?
Yes. If your injuries can be shown to be a result of your employer’s negligence, then you may be able to make an accident at work claim for your injuries.
What are the two heads of injury claims?
Personal injury claims are divided into general and special damages. General damages cover the pain and suffering you’ve experienced as a result of your injuries, whereas special damages will compensate you for things like loss of earnings or medical treatment you’ve had to pay for.
How much compensation do you get for an air crash?
This depends on the nature and extent of your injuries. More severe injuries that are likely to affect your quality of life for some time may attract a larger payment amount than minor injuries.
How long do injury claims take to settle?
There’s no one answer to this question. Simple claims, in which liability isn’t disputed and the injuries were relatively minor, could be settled within a few months, whereas more complex cases may take more time.
What is the time limit for personal injury claims?
The time limit for personal injury claims can vary in a few ways. We have mentioned them in detail earlier in this article. In short, most UK claims will need to abide by a 3-year time limit. However, if your claim is being made due to an injury sustained on an international flight, then you only have 2 years to start a claim. This is stated in the Montreal Convention. However, not all countries have signed up to this convention. So, you’ll need to check if the country you were travelling to or from is registered.
How much of my Personal Injury Settlement will I get?
If you choose to go through us and claim under a Conditional Fee Agreement, you’re entitled to 75% of your final compensation amount. We aren’t able to take any more than 25% to cover our fees.
Can I make a claim for my child who was injured on an aeroplane?
Yes. If they’re still under 18, you can claim for them as a litigation friend. Once they turn 18, they’ll have until their 21st birthday to claim themselves. This is true even of aeroplane injury claims.
Can I make a claim for an incident on a plane in which I wasn’t injured?
No. In order to make a claim, you must have suffered some injury. If you’ve suffered from no physical injury, then any psychological damage you’ve suffered must be severe enough to be recognised as a psychiatric injury in and of itself.
Thank you for reading our guide on airline injury claims.
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