Aeroplane accident compensation claims
This easy-to-follow guide covers what you need to know about making a successful aeroplane accident compensation claim.
According to the Department for Transport, 76 people were involved in accidents related to aeroplanes in 2013.
People can claim injury compensation for a variety of issues caused by plane travel. Quittance can assist with claims for trips or falls whilst boarding or alighting the aircraft, or whilst moving through the cabin during travel.
In addition, claims have been made for burns as the result of spills whilst serving hot drinks and food poisoning from in-flight meals. Faulty equipment such as seating can also cause people to sustain injuries.
If you have suffered an aeroplane accident in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
The responsibility for accidents whilst on an aircraft is dependent on where the accident occurred, and the capacity in which you were travelling. If you are hurt whilst working as part of an aeroplane's cabin crew, it is likely that the airline, as your employer, can be held responsible.
If you have been involved in an aeroplane accident whilst travelling as a passenger, particularly within the UK or on a UK-based airline, the airline can be held liable under English law. If you have booked your journey as a package holiday with a UK-based tour operator, then the travel company may bear responsibility for any injuries you have sustained, even if you travelled on foreign-owner airline.
The Montreal Convention
Aeroplane accidents that occur outside of the UK are usually covered by a ruling known as the Montreal Convention. This means that it is possible to pursue a claim for compensation for your injuries through the courts of your native country. For example, if your accident happened on an international flight, and you are a UK citizen, you can claim through the UK courts.
I have a strong claim - why won't a solicitor take it on?
Having sought medical attention and treatment, you should contact a solicitor who is experienced at dealing with cases related to aeroplane accidents.
Reduced time limit for aeroplane accident claims
It is important to contact a solicitor as soon as possible, as there is a reduced time limit for making claims for injuries caused by aeroplane accidents. Although there can be exceptions, you usually have a maximum of two years to lodge a claim against the offending party, such as the airline or tour operator.
If you are applying for compensation under the Montreal Convention, you do not have to prove that the airline was at fault. The airline is considered liable simply due to an accident happening within the confines of their aircraft.
However, if your aeroplane accident occurred within the UK, or other restrictions are applied, you may be obliged to prove that it has been the direct result of negligence or a failure to comply with health and safety requirements.
The factors that impact the amount of damages that will be awarded or agreed in a settlement will depend on the nature and severity of your injury, rather than the fact that you accident occurred on an aeroplane.
Contact a solicitor to discuss the details of your injury to learn what compensation you could be awarded, or use our claims calculator.
A No Win, No Fee agreement, referred to as a CFA or Conditional Fee Agreement, forms a crucial part of a claim for injury compensation.
Your CFA is essentially the terms and conditions between you and your lawyer.
It details the service the solicitor provides and a success fee to be taken from the award once your case is won.
You are able to prioritise your recovery, knowing that you will never be out of pocket and there will be nothing to pay if your case is unsuccessful. There will be no hidden charges using a Quittance injury-specialist solicitor.
Accidents at work - Claims against your employer
Every year, 600,000* employees are injured in accidents at work. If you have suffered an injury or illness at work, you may able to claim compensation.
Find out if you can claim aeroplane accident compensation from your employer: Read more about work accident claims
*Source: 2016/17 Health and Safety Executive (HSE) report
Meet the QLS team
Our nationwide network of solicitors carry out the legal work for all types of compensation claim, including short-term, serious and life-changing injury claims. Selected because of their track record in recovering compensation, Quittance's panel solicitors have years of dedicated experience handling claims on behalf of injured claimants.