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Flight Injury Claims for Compensation

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Air travel is one of the safest modes of transportation, yet incidents do occur where passengers sustain injuries during flights. In the UK, passengers who suffer injuries while on board an aircraft have the right to seek compensation through flight injury claims.

Whether the injury sustained occurred during the course of the process of embarking or disembarking or in flight, passengers may be entitled to compensation for medical expenses, lost earnings, and other related damages.

If you have suffered a flight injury that wasn’t your fault, you may be eligible to claim compensation. If you would like more information on the process of making a compensation claim with one of our expert personal injury solicitors, then please do not hesitate to get in touch with us today.

Common accidents that lead to flight injury claims

Flight injury claims can arise from a variety of accidents and incidents that occur during different phases of air travel. Some of the most common accidents that lead to these claims include:

Slips, trips, and falls

  • Passengers may slip, trip, or fall while boarding or leaving the aircraft, often due to wet floors, uneven surfaces, or poorly maintained equipment.

Falling luggage

  • Luggage or other items falling from overhead lockers can cause injuries, particularly head injuries, when not properly secured. These incidents are common during turbulence or when passengers open bins carelessly.
  1. Burns and scalds
  • Passengers can suffer burns or scalds from hot food or drink served during the flight. These injuries can be caused by accidental spills by cabin crew or turbulence.
  1. Equipment malfunctions
  • Malfunctioning seats or seatbelts can lead to injuries, particularly during takeoff, landing, or turbulence. Broken or improperly maintained equipment can also cause cuts, bruises, or more serious injuries.
  1. Injuries from service trolleys
  • Passengers can be injured by service carts if they are not properly maneuvered by the cabin crew, leading to bruises or more severe injuries if the cart runs over a foot or strikes a passenger.
  1. Food poisoning
  • Although less common, passengers can suffer from food poisoning due to improperly stored or prepared in-flight meals, leading to illness that may require medical treatment.
  1. Assaults or unruly passengers
  • Injuries can also result from altercations with other passengers or even crew members. Unruly passengers who become aggressive can cause harm, leading to air accident claims for physical injury.
  1. Medical emergencies
  • In some cases, passengers may suffer injuries or complications from medical conditions due to inadequate or delayed response by the crew, particularly if there are issues with the onboard medical equipment.

 

Each of these scenarios can lead to flight injury claims, where passengers seek compensation for the physical harm they have suffered as a result of the accident.

What should I do following a flight injury?

Experiencing a flight injury can be distressing, but taking the right steps immediately afterwards can help ensure your safety, preserve evidence, and protect your rights. Here is what to do following a flight injury:

Seek immediate medical attention

If you or someone else is injured, seek medical help immediately. Even if the injury seems minor, it is important to get checked by a healthcare professional to rule out any hidden issues.

Report the incident

Report the accident to the airline as soon as possible. Ensure they document the incident. Fill out an official incident report form and get a copy of this report for your records.

Document the scene

Capture the scene of the accident, including any hazards that contributed to the injury. Photograph your injuries as well. Collect names and contact information of any witnesses who saw the accident happen.

Keep records

Keep detailed records of all medical treatments and visits related to the injury. Save receipts for all expenses incurred due to the injury, including medical bills, travel costs for medical visits, and any other related expenses.

Consult a personal injury solicitor

Seek legal advice from a lawyer who specialises in personal injury cases, especially those related to flight injury accidents. At Beacon Law, our solicitors can guide you through the process of making a claim and help ensure you receive a fair result when claiming compensation.

What is the claims process for flight injuries?

During your initial consultation, our team of personal injury solicitors will provide you with comprehensive advice regarding your flight injury compensation claim and inform you about the relevant limitation rules that apply.

Our experienced lawyers will request detailed information about your accident and the injuries you sustained as a result. This information will enable our injury lawyers to assess the likelihood of a successful claim on your behalf.

Examples of the information our lawyers may require include the location, date, and time of the accident, a description of the nature of your injuries, details of any witnesses to the incident, information about the defendant involved, and a thorough understanding of the circumstances surrounding the accident.

During the initial stages of your compensation claim, it is crucial to gather relevant evidence to support your case. This evidence may consist of CCTV footage of the incident, medical records documenting your injuries, photographic evidence of the harm suffered, and statements from witnesses.

In some cases, your personal injury solicitor may recommend undergoing an official medical examination to obtain detailed medical reports specifically related to your injuries. These accident reports will serve as vital medical evidence, providing a comprehensive understanding of the nature and extent of your injuries.

If we determine that your flight injury claim is likely to succeed, we will offer our work on a no win, no fee basis. This means that if your claim is unsuccessful, you will not be required to pay any legal fees.

Once your claim is filed, the defendant will be notified, and they will have the opportunity to accept or deny liability for your injuries. If liability is accepted, negotiations for a settlement will commence. However, if the defendant denies liability, court proceedings may be necessary to resolve the dispute.

How much compensation could you receive?

Determining the amount of compensation for a flight injury claim is a complex process and depends on various factors specific to the case. Injury compensation amounts are influenced by factors such as the severity of the injury, the impact on the individual’s life and earning capacity, medical expenses, rehabilitation costs, and the long-term consequences of the injury.

Compensation is typically split into the following categories:

  • General Damages: These damages aim to compensate for the pain, suffering, and loss of amenity caused by the injury. The severity and long-term effects of the injury are significant factors in determining the general damages awarded.
  • Special Damages: Special damages cover the quantifiable financial losses incurred due to the injury. This includes medical expenses, rehabilitation costs, loss of earnings (both past and future), expenses related to care and support, and any necessary adaptations to the individual’s living arrangements.

It is important to note that there is no fixed compensation award for a flight injury compensation claim, as each case is unique. The final compensation amount will be influenced by the specific circumstances and the evidence presented in the case. Our injury claims solicitors will also advocate for interim payments for our clients to cover any immediate costs, such as private medical treatment and travel expenses.

What are the time limits for making a claim?

In the UK, the time limits for flight injury claims depend on whether the flight was domestic, international, and under which legal framework the claim is filed. Here’s an overview:

International flights (Montreal Convention 1999)

  • Time Limit: 2 years
  • For international flights covered by the Montreal Convention, which includes most flights to and from the UK, the time limit to file a personal injury claim is two years from the date of the flight’s arrival or the date it should have arrived.

Domestic flights (UK law)

  • Time Limit: 3 years
  • For domestic flights within the UK, the time limit to file a personal injury claim is typically three years from the date of the injury on a plane. This is in line with the standard personal injury limitation period under the Limitation Act 1980.

How can Beacon Law assist?

At Beacon Law, our team of personal injury solicitors are highly experienced and capable of assisting clients on a wide variety of cases. We work tirelessly to achieve the best outcome for our clients, continually providing a high standard of service.

To find out more about our no win, no fee claims funding and legal fees, please have a look at the funding section on our website.

If you have suffered flight injuries at the fault of someone else, then please call us today at 0330 1332 857 to start a no win, no fee basis claim or complete our contact form at the top of the page to request a call back from a member of our personal injury team.

Beacon Law are a law firm registered in England and Wales with our registered office based in Manchester. We are authorised and regulated by the Solicitors Regulation Authority.

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