What are the Different Types of Aeroplane Compensation Damages?

Author:
Nick Harris
Head of Travel Law & Holiday Claims
Date:
27/07/2022

Going on holiday is something you probably look forward to, and whilst travelling by plane is an incredibly safe choice,  accidents can still happen, and you may be entitled to compensation. Whilst some accidents may affect the enjoyment of your holiday, other accidents can have long lasting effects on your health and wellbeing, and in the most severe cases, the rest of your life.

Here are some of the most common causes of accidents you might suffer from when travelling on board a plane:

      • injuries from items falling from overhead lockers;
      • an unexpected heavy landing or flight turbulence;
      • burns or scalds from hot drinks or food being served onboard;
      • allergic reactions from the in-flight food;
      • injuries caused by a problem with your seating;
      • other passengers accidently injuring you while on board;
      • damage to internal parts of the aircraft that have not been fixed.

If you’ve been injured on board an aircraft, speak to our team of Travel Law Solicitors who can advise you. We may be able to deal with your case on a No Win No Fee basis

Call us on 0808 239 7911 or request a callback

What to do if You’ve Been Injured

You have exactly two years from the date of your accident to make your claim, so it is best to get legal advice as soon as you can after the accident. The length of time the claim process can take will be dependant on if the airline admits liability and how serious your injuries are. The accident must be due to what’s defined as an unexpected or unusual event that has happened to you. If the accident was simply due to you reacting to the normal operation of the aircraft, this would not be considered as a valid claim.

When you’ve had an accident on a plane, we will look at how else this has affected your life. Alongside applying for compensation for your injury, we’ll also apply for compensation for;

      • any lost earnings you’ve suffered;
      • the cost of medical care;
      • any rehabilitation needed;
      • any adaptations to your home or vehicle.

If you are a resident of the UK who flew on an international flight between two countries that are signed up to the Montreal Convention, then you have grounds for a claim. The Convention is a special set of regulations which are signed up to by individual countries that state that if a passenger suffers an accident or injury on one of their flights, then the airline is responsible. It also covers injuries you might suffer when getting on or off a plane. For example falling down the aircraft steps or falling on the way to the plane or having an accident in the transfer bus between the airport and airplane.

Things are a little different if you have travelled on a domestic flight between, say, London and Belfast though. This is because you would be bringing a claim under UK law which has its own challenges.

What if my Child is Injured Onboard?

Anyone under the age of 18 is unable to make a claim in their own right but someone else can do this for them. If you are the parent or guardian of the child then you can do this on their behalf or someone can be nominated to be the young person’s litigation friend. As with adult claims, we will look into the way the injury has affected them and make sure their current and future needs are looked after.

At Simpson Millar your wellbeing is very important to us. Our team of expert Travel Law Solicitors understand your needs after such a trauma and can help you get the compensation for the right treatment and rehabilitation you need. Get in touch today for a free claims assessment.

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