If you have suffered an injury as a passenger on a private or commercial airline, you may be liable to make a claim against the organisation responsible for your injury. On this page, you will find advice on how to instigate an aviation compensation claim for an injury sustained during a flight.
Making an aviation claim
Aviation claims are governed by the Montreal Convention. This means that there is a strict two-year limitation period from the date that the aeroplane touches down. Where things can get tricky with aviation claims is that you have to be in the process of embarking, travelling, or disembarking in order for a claim to come within the scope of the Montreal Convention. And the definition of embarking and disembarking is one that has been the subject of quite a bit of argument. Essentially the rule of thumb is that if you’ve actually passed through security, then you’re determined to be embarking. Likewise, at the point where you are coming off the plane, until you actually get out to the point where the general public isn’t able to have access within the airport, you’re deemed to be disembarked.
Aviation claims pursuant to the Montreal Convention do not have to be submitted to the Personal Injuries Assessment Bureau (PIAB). Proceedings can be issued immediately without the need for authorization is another significant point.
Another feature of aviation claims pursuant to the Convention is that there has to be an accident, which is an event outside of your control. So, if you suffer an injury on a plane because of something you do yourself, which could have been avoided by your own actions, then you’ve no entitlement to bring suit. But if it’s an external event that you’ve no control over, then there’s a strict regulatory regime and you don’t have to show negligence.
Another point to note is that you can’t recover costs for psychological injuries. It is purely physical injuries that you can recover costs for in aviation claims.
Claims pursuant to the Montreal Convention can be pursued in a country where the airline carrier has domicile or its principal place of business, or where it has a place of business through which the contract for the flight was made or at the place of destination of the flight.
About McCarthy + Co
With more than 30 years of experience in dealing with personal injury claims, McCarthy + Co. has expertise in a wide variety of fields including flight and airline injury compensation claims cases. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Testimonials for McCarthy + Co. Solicitors LLP
Well this family made me feel at ease as it was my first time ever using a solicitor which they knew from talking to me. I was nervous speaking to people in suits all my life but John and his team were and are very down to earth and spoke to me in normal language so for that alone it made the process not as scary as I had imagined! Thank you again for all your help.
Read more verified reviews about us on Trustpilot.
Start Your Flight or Airline Injury Compensation Claim
Contact us today to find out how to instigate your flight injury compensation claim. Call us on 1800 390 555 and an experienced member of staff will discuss your situation and potential next steps. You can also email on email@example.com and we will get back to you as soon as we can.
In contentious business, a legal practitioner shall not charge any amount in respect of legal costs expressed as a percentage or proportion of any damages (or other moneys) that may become payable to his or her client or purport to set out the legal costs to be charged to a junior counsel as a specified percentage or proportion of the legal costs paid to a senior counsel. A legal practitioner shall not without the prior written agreement of his or her client deduct or appropriate any amount in respect of legal costs from the amount of any damages or moneys that become payable to the client in respect of legal services that the legal practitioner provided to the client.