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 airplane touches down. Where things can get tricky with aviation claims is that you have to be in the process of embarking, traveling, 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 road traffic and aviation accidents. We are a family-run business, who pride ourselves on offering honest, impartial and helpful advice.
Our offices are based in Dublin and Cork but we work with clients throughout Ireland in locations ranging from Galway to Waterford. You can count on us for legal advice, guidance, and assistance on any form of personal injury.
Contact us today to find out how to instigate your aviation 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 firstname.lastname@example.org and we will get back to you as soon as we can.
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