Airline Accident Claims
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Airline accident claims
If you’ve been injured on a flight or at an airport we can help with an airline accident claim.
Our team of specialist aviation accident lawyers have helped many clients to claim compensation after they were injured while on a plane, and are experienced in the additional complexities that in-flight injuries often involve.
What time limits apply to airline injury claims?
These type of claims are usually dealt with under the Montreal Convention. The Convention is an agreement between certain countries to unify rules relating to international carriage by air.
The time limit which applies to Montreal Convention claims is two years. This is a strict time limit and cannot be altered.
Are there any other requirements to make an airline injury claim?
There are also requirements relating to the circumstances of an accident which must be met before a claim can be considered further. The term “Accident” has not been defined in the Convention and one must look to case law to for guidance. It is considered than an accident must be ” an injury caused by an external event caused by something unusual or unexpected”.
As a result, cases of Deep Vein Thrombosis (DVT) due to in flight immobility and a perforated eardrum during normal operation are not considered as an accident.
Given our experience in dealing with such claims we can discuss the accident circumstances with you and advise as to the options available to you to pursue a claim further if criteria are met.
What evidence do I need?
It is always helpful to report the incident to cabin crew and obtain a copy of the report. Alternatively, if the accident occurs in the airport terminal, ground staff should be in a position to assist.
Photographs of the accident location are always helpful particularly if you are in the process of embarking or disembarking the flight.
What are the common air travel injuries?
We’ve helped clients to claim for lots of different types of injury sustained during a flight, but some of the most common are:
- Burns from drink spillages
- Injuries caused by luggage falling from overhead lockers
- Accidents while embarking a flight
- Accidents while disembarking a flight
What can I claim for following an accident on a plane?
We can look to recover damages or compensation for the physical injury sustained and reimbursement of financial losses incurred as a result of the accident.
How much compensation will I recover from an airline injury claim?
This will very much depend on the nature of the injury sustained. It will also depend on the recovery you make from your injury and whether there are any long-term consequences or limitations.
Medical evidence from an independent medical expert will usually be required to support your injury claim.
Financial losses must be supported by documentary evidence and it is important to keep any receipts or other evidence in respect of financial losses incurred.
Why choose Enable Law?
Enable Law has one of the leading specialist medical negligence, personal injury and mental capacity teams in the UK.
Friendly and approachable, straightforward and constructive in our advice, our clients can rely on us in good times and bad. We aim to be caring and supportive in the service we provide to you.
We have extensive experience in a wide range of claims against both the NHS and private health providers. We have members on both the Law Society and AvMA (Action against Medical Accidents) specialist clinical negligence panels.
We have good working relationships with a number of local NHS Trusts which means that some disputes can be resolved quickly and sensitively.
“The firm is excellent and has a very progressive approach. Its service cannot be faulted.” Chambers UK.
“Their knowledge of the particular topics is excellent, and they balance a professional approach with kindness and compassion to clients who may have had very painful and traumatic experiences.” Chambers UK
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