Month: May 2021

I Was Injured on a Plane – Can I Claim Compensation?

You could claim compensation if you’ve been injured while boarding, travelling on or getting off an aircraft, but this depends on two key things:

  • What kind of accident did you have?
  • How badly were you injured?

Our specialist Holiday Accident Solicitors have helped many people who’ve been injured on a plane make a successful compensation claim, and while each case is different, there are several common types of accidents, such as:

  • Being struck by drinks/service trolleys
  • Being injured because of unexpected turbulence
  • Slipping or tripping while boarding, moving around or getting off the plane
  • Being scalded when a hot drink is spilled
  • Being hit by items falling from overhead lockers

Often, these may only lead to fairly minor injuries and you can be expected to make a fairly quick recovery.

But an accident on an airline could potentially leave you with life-changing injuries, which means you need long-term care and rehabilitation and not be able to go back to work.

Our Holiday Claims Solicitors can help you in either situation, and build any compensation claim around your specific circumstances, wishes and priorities.

What the Law Says

The Montreal Convention clearly states that the airline is responsible if a passenger travelling on an international flight has an accident. This covers all accidents ranging from spillages of hot drinks to catastrophic collisions and injuries caused by emergency landings.

In order to claim compensation, you must be able to show that your injuries were caused by an “accident”. This is more complicated than it sounds, as the word “accident” is not given its usual everyday meaning and airlines will typically try to avoid paying compensation by saying that there was technically no “accident”.

This is why it’s a good idea to seek legal advice before making a claim and why it is often wise to instruct a firm that specialises in claims of this kind.

For an incident to be classified as an accident, it must be caused by an “unusual or unexpected event or happening that is external to the passenger” and there are a large number of legal cases that explore the kind of incidents that would lead to compensation being payable.

International flights operated by the likes of British Airways, easyJet, Virgin Atlantic, Ryanair and TUI will typically be covered by the Montreal Convention, as it’s been signed up to by around 137 states/parties.

Is There a Time Limit on Claiming Compensation?

Yes. You have two years from the date of the accident to bring a claim, so it’s a good idea not to delay contacting a specialist Holiday Claims Solicitor.

If you get in touch as soon as possible, we can advise you of your options straight away, and if we accept your case, it may be easier to obtain the evidence we need to support a claim if the accident was fairly recent.

How Long Will a Compensation Claim Take?

It depends on your specific circumstances. It may be that you’re struggling with severe injuries and need lots of rehabilitation, or your carrier airline doesn’t accept responsibility for what’s happened to you.

On the other hand, you may have relatively minor injuries and your carrier airline has admitted responsibility without question.

We can use our experience of handling holiday accident claims to give you a rough idea at the outset of how long we’d expect your claim to take, but each case and situation is different.

Simpson Millar’s wealth of experience includes lawyers who have experience of the Civil Aviation Industry and that have acted for and against some of the UK’s major airlines.

Bringing a claim against an airline (or carrier) can be complicated as there can be legal loopholes that you have to overcome. But our team of airline solicitors know all about this so we can maximise your chances of bringing a successful claim.