Can you claim for personal injury following an accident in the air?

Being involved in an accident while on a plane might be on your list of worst nightmares, but injuries during air travel can and do happen. While dramatic plane crashes make the headlines, the reality is that most air travel injuries are far less catastrophic. Everyday incidents, like turbulence, falling luggage or burns from hot beverages, all have the ability to cause personal injury.

Consider these real-life examples:

  • A routine flight between Canberra and Sydney left a flight attendant with a broken leg after severe turbulence.
  • A woman successfully sued an airline for injuries caused by spilled hot coffee during a flight.
  • A passenger received compensation for a knee injury caused by a collision with a beverage cart.
  • Overhead luggage accidents, like laptops falling and hitting passengers, have also led to substantial compensation payouts.

If you’ve experienced an injury while onboard a plane, during boarding or while disembarking, you could be entitled to compensation. Injury Lawyers 4U can help you understand your rights and start your claim today.

What is a flight accident claim?

A flight accident claim is a specific type of compensation claim that can be made after an injury or loss that was caused by an incident involving air travel. This could have happened during a flight, while boarding or leaving the aeroplane or because of negligence throughout the process of air travel. This could include:

  • Injuries from falling luggage
  • Burns from spilled hot drinks
  • Slips and trips on the plane or boarding steps
  • Injuries caused by turbulence or faulty equipment

Because of a piece of legislation called the Montreal Convention, you don’t need to prove negligence to make a flight accident claim. Airlines are strictly liable for any injuries caused by abnormal circumstances during air travel, making the claims process more straightforward than other types of personal injury claims.

How much compensation can I claim for an injury on a flight?

The amount of compensation you could receive depends on the severity of your injuries, associated medical costs, and the impact on your life.

The Montreal Convention states that airlines are liable for injuries up to 128,821 Special Drawing Rights (SDR) — this is equivalent to approximately £133,147. Beyond this cap, you’ll need to prove that the airline’s negligence directly caused your injury.

Smaller claims, like minor burns or bruises, could result in awards around £1,500 – £2,000, while more serious injuries could lead to settlements that exceed £100,000. For a better idea of the general damages you could receive, use our handy compensation calculator.

Common causes of flight accident injuries

There are a whole host of ways that flight accident injuries can occur. These include but aren’t limited to:

  • Turbulence — Sudden changes in altitude can cause passengers or objects to shift unexpectedly.
  • Falling baggage — Improperly secured overhead luggage can pose a serious hazard.
  • Hot food and drink spills — Scalds and burns often occur when drinks are served during turbulence.
  • Slips and trips — Hazards such as wet floors or poorly maintained steps can cause falls.
  • Faulty equipment — Broken seats, malfunctioning trolleys and defective safety features might lead to injuries.
  • Passenger actions — Assaults or altercations with other passengers are rare but can occur.

If the airline you are travelling with ignores these hazards, it could lead to a personal injury.

Common types of flight accident injuries

Hazards found within an aircraft, or while boarding or disembarking, can cause all types of injuries. These are some of the most common:

If you’ve experienced any of these injuries, you may be entitled to compensation.

What are the time limits for making a flight accident claim?

Under the Montreal Convention, there is a strict time limit of two years to make a flight accident injury claim — so if you’ve had an accident on an aircraft, you should come forward as soon as possible to avoid delaying matters. While you could simply make the case a regular personal injury claim and extend the deadline to three years, you won’t be covered under the Montreal Convention and won’t receive the benefits that come with it.

When it comes to flight claims under the Montreal convention, this claim must be directly against the airline responsible, not an individual on the flight. If you are claiming against an individual or the travel agent/holiday provider, you have three years under standard UK guidelines. There are exceptions to this rule — if you are under 18 years old when injured and haven’t yet made a claim, you have until your 21st birthday.

What evidence do I need to support a flight accident claim?

To build a strong claim, we’ll need some detailed information from you about the incident on the flight. Here’s what we’ll need to know:

  • The date and time of the accident.
  • Details of the incident, including your account of what happened and who you believe was at fault.
  • Contact and insurance information of all parties involved.
  • Any available police reports documenting the occurrence.
  • Photos or videos from the scene, which could include photos taken by you or CCTV from the plane.
  • Contact details for any witnesses.
  • Records of any medical treatment you received, whether at the scene or afterwards at the doctor’s office or hospital.

When you reach out to Injury Lawyers 4U, our skilled team will offer you comprehensive, free legal advice. We’ll help you to understand your rights and whether or not you have a valid claim.

What is the Montreal Convention?

The Montreal Convention 1999 is an international treaty that governs the rights of air passengers. It has been ratified by 133 countries and establishes strict liability for airlines in cases of passenger injury, baggage damage or delays. Some of the most important parts of this legislation are:

  • Airlines are automatically liable for damages up to 128,821 Special Drawing Rights (SDR) — this is equivalent to approximately £133,147.
  • For claims that exceed 128,821 SDR, you must prove the airline’s negligence.
  • You can file claims in your country of residence, the airline’s country of registration or the destination of your flight.

This treaty ensures consistency in air travel claims around the world, so you can seek justice easily, wherever you are in the world.

How do I make a flight accident injury claim?

If you have been injured in a flight accident and you believe the airline or another party involved were at fault, you might be owed compensation. When you approach Injury Lawyers 4U with a claim, our experts will assess your case, determine whether or not your evidence is enough for a successful claim and offer you a no win, no fee promise. This means you won’t pay a penny unless we successfully help you receive the compensation and justice you deserve.

Contact us via our quick contact form, or phone us directly on 0333 400 4445.