Darrel Jardine
Associate Solicitor, Holiday Claims
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English
Serious accidents and injuries on flights are uncommon, but unfortunately they can and do happen. Something as serious as being injured on an aircraft a long way from medical attention can be a very scary experience, so it is important that you get the help and support you need to recover from this.
If you have been injured while flying on a commercial airline, whether on a domestic or international flight, and it was not your fault you may be entitled to compensation.
Flying is often referred to as the safest form of travel, and whilst major incidents are rare, in-flight injuries can still occur. When they do, the impact can be traumatic both physically and emotionally. If you are considering making a compensation claim, it is important to have a law firm on your side that understands what you have been through.
Our Holiday Accident Solicitors are experienced, compassionate, and committed to guiding you through every step of the process. Together, our team has several decades of combined legal experience. You can trust us to provide clear advice and legal representation with your best interests at heart.
Contact us today for a free initial consultation. We may be able to assist you on a No Win No Fee basis, allowing you to focus on your recovery while we handle your claim.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
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Many airline injury claims arise not from rare accidents, but from everyday incidents during air travel. The most common include:
We understand that every situation is different, and we always tailor our legal advice and support to your personal circumstances. Our Holiday Accident Solicitors have decades of experience in handling airline injury claims and are here to help you pursue the compensation you deserve.
The Montreal Convention is an international agreement that sets out the rules for claiming compensation if you are injured during an international flight. It applies to passengers, luggage, and cargo on flights between countries that have signed up to the Convention and that includes most of the world.
If you suffer a personal injury during a flight, the Montreal Convention may give you the right to claim compensation.
You can make a claim under the Montreal Convention if:
Over 135 countries and territories, including all EU nations and most UN member states, follow the Montreal Convention.
Article 17 of the Convention says the airline is responsible for injury or death if it happened because of an accident during your journey, either onboard or while boarding or leaving the aircraft.
To make a claim, you simply need to show:
You do not have to prove the airline was at fault for claims up to a certain limit.
Airlines are strictly liable (automatically responsible) for damages up to around £130,000. This is based on an international currency unit called Special Drawing Rights (SDR).
If your claim goes above this amount, the airline can defend itself by showing it was not negligent or that you were partly at fault.
If you have been injured whilst on board a commercial aircraft, or during boarding or disembarking, you may be entitled to compensation.
Most injury claims from international flights are covered by the Montreal Convention, which outlines when airlines are responsible for injuries to passengers. Our Holiday Accident Solicitors have a strong understanding of this process and are here to help you claim the compensation and rehabilitation support you need.
You may be eligible to make a claim in the UK if:
If you think you may have a claim, getting in touch with our team can help you understand your options. Our experienced Holiday Accident Solicitors will review your case, explain your rights clearly, and advise whether you have a valid claim
At Simpson Millar, we aim to make the process of claiming compensation as straightforward and stress-free as possible. Our experienced team will guide you through each step with clarity and care.
The first step is to speak with one of our Holiday Accident Solicitors. We offer a free initial conversation where we will listen to what happened, discuss how the injury occurred, and explore the impact it has had on your life. This helps us determine whether the Montreal Convention applies and whether you may have a valid claim. If so, we may be able to act for you on a No Win No Fee basis.
Building a strong case requires the right supporting evidence. Depending on your situation, we will help gather:
When the evidence has been collected, we will submit your claim to the airline. This includes a full account of what happened, the impact the injury has had on your life, and the amount of compensation being claimed. This could cover:
If the airline accepts responsibility, we will negotiate a settlement that reflects the full extent of your losses. Where appropriate, we can also request an interim payment to help with any urgent medical or financial needs.
If the airline denies liability or makes an offer that is too low, we may advise taking your case to court. Wherever possible we will continue negotiating to reach a settlement before a hearing becomes necessary.
Our Holiday Accident Solicitors are highly experienced in handling complex court proceedings and will provide clear guidance throughout the process. Most claims do not go to court, but if yours does, you can feel confident that your case is in capable hands.
Once your case is resolved through negotiation or a court decision, your compensation will be paid. This is intended to cover all losses related to your injury, including medical care, rehabilitation, lost income, and the emotional effect the incident has had on you. We will make sure everything is processed as quickly and smoothly as possible.
It depends on the type of injury you’ve suffered, the amount of treatment and rehabilitation you will need, and whether you'll require future care and changes to your home and vehicle to accommodate your injuries.
Our Holiday Accident Solicitors will do everything we can to ensure you get the most compensation possible.
To make a successful claim under the Montreal Convention, you will need to provide clear evidence of your injury and its impact. Getting medical help as soon as possible after your injury is essential. If you received treatment on the aircraft, try to get the doctor’s name and contact details and make a note of the care you were given.
Our Holiday Accident Solicitors will help gather all necessary evidence to support your claim, including:
Collecting strong evidence is vital to ensure your claim accurately reflects the extent of your injury and losses. Our team will guide you through this process and handle the complex details so you can focus on your recovery.
If we can help you with your claim, we may be able to offer a No Win, No Fee agreement. This means you won't pay any money upfront for your legal fees, but you will have to pay additional costs, known as disbursements. These include things such as court or expert report fees. Disbursements can be covered by an insurance product called After the Event Insurance. Your Solicitor will provide more details about this.
You'll sign a Conditional Fee Agreement or a Damages Based Agreement that says if you lose your case, you won't pay our legal costs. If you win your case, the other side will pay for a proportion of our legal fees, but you may have to pay for some of these yourself from your damages. This is usually capped at a percentage agreed in advance.
You can claim damages for the pain, suffering, and any permanent injuries. If you have suffered a serious injury that means you cannot work, your compensation award may also cover the loss of your career and any benefits you may have received if you carried on working, such as pay rises and pension contributions.
You can also claim for psychological damage as long as you also have a physical injury. The Montreal Convention specifically prohibits claims for standalone psychological injuries.
In addition, you can claim for any direct financial loss caused by your injuries, such as loss of income, medical costs, travel to and from appointments, hospital car parking charges, and any other care and support costs you may need to fund in the future.
It depends on the type of your injury, the amount of treatment and rehabilitation you will need, loss of earnings and whether you'll require future care and changes to your home and vehicle to accommodate your injuries.
As set out there are limitations on the amount of compensation you can claim. Our lawyers can provide more information about the value of your claim if you decide to instruct us.
Our Holiday Accident Solicitors will do everything possible to ensure you get the most compensation possible.
Our Holiday Accident Solicitors have a strong track record of successfully handling complex compensation claims, no matter how serious the injury or how challenging the circumstances. Their work has been recognised by leading legal directories including The Legal 500 and Chambers & Partners.
We understand how disruptive and distressing a holiday accident can be. That’s why we are fully committed to helping people secure the compensation and rehabilitation they need to move forward. You can expect us to act with determination, compassion, and sensitivity at every stage of your claim.
We speak in plain, straightforward language and will always keep you updated on the progress of your case. When you choose us, you’ll have expert legal guidance and dedicated support throughout the process. Our goal is to help you achieve the best possible outcome and make your recovery journey as smooth as it can be.
Simpson Millar5 stars
The company fulfilled all our…
The company fulfilled all our requirements.
Brenda
Simpson MillarSimpson Millar is a very good firm
Simpson Millar is a very good firm. Ian Bridge was my contact point at Simpson Millar law firm and was very supportive and extremely helpful with my accident claim. Ian provided me with the right ac...
Stan Ed Guobs
Simpson MillarPointless question company fulfilled our requirements
The company fulfilled our requirements
Brenda
Simpson MillarPaul Stevens led the way he gave me…
Paul Stevens led the way he gave me good advise regarding my compensation claim. Paul always explained things in detail without too many legal words and descriptions. With the help and professional gu...
Sarah Hurd
Simpson MillarSpecial mention to Andrew rigby and…
Special mention to Andrea rigby and Lauren loboda who are a credit to the Simpson millar company.
customer
Simpson MillarThe experience with Simpson Millar
The experience with Simpson Millar, was very good. They took over a case, where I had tried to persue the same, via another travel insurance policy, but without success. I even tried to save the othe...
G
Simpson MillarAndrea and Lauren are both fantastic…
Andrea and Lauren are both fantastic employees and a pleasure to deal with
Ian Meads
If you were injured while flying, you may be able to make a claim against the airline involved. Airlines where claims may be possible include:
If you have an accident on a domestic flight, this can make things a little more complicated. For example, if you're just flying from Belfast to London, then the Montreal Convention will not apply. However, we may be able to bring a claim directly with the airline, so please don’t hesitate to speak to one of our friendly team to find out where you stand regarding claiming compensation.
You have exactly two years from the date the accident took place to make your claim. Ideally, it's best to get legal advice as soon as you can after the accident.
The Montreal Convention allows you to make a claim against the airline and its agents.
Fill in the form below to get in touch with one of our dedicated team members, or call our team today on: 0800 260 5010
