Airplane accident compensation claims

If you’ve been injured on board an airplane, you might be eligible to make an airplane accident claim against the airline company responsible.

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airplane accident claims

Airplane Accident Claims

Even though many people have a fear of flying, airplanes are the safest mode of transportation. They are also the most convenient means of travelling long distances, as they are much faster than any other mode of transport. Nonetheless, things can sometimes go wrong and result in injuries or illnesses to passengers. Common airplane accidents include slips, trips and falls, items falling from overhead lockers, food and drink incidents, and injuries caused by damaged furniture.

You may be entitled to compensation if you or a loved one suffered an in-flight injury or had an accident when boarding or disembarking an airplane. An airplane accident claim could cover your pain and suffering and any related financial losses.

To learn more about making a personal injury claim, do not hesitate to call 0800 470 0474 today or use our online contact form to request a call back. You will receive a free consultation with an experienced legal adviser who will answer all your questions and guide you through the steps of the claims process.

key-takeaways-iconKey points about airplane accident claims

  • Can I claim?
    You may be entitled to claim if you were injured during a flight due to the negligence of the airline.
  • Who is liable?
    Airlines have a duty of care to keep passengers safe. Liability often falls under international regulations like the Montreal Convention.
  • Is there a time limit?
    Yes, claims under the Montreal Convention must usually be made within 2 years of the incident.
  • What can I claim for?
    Compensation can cover physical injuries, emotional trauma, and any financial losses from the accident.
  • Do I have to pay anything?
    Your solicitor will act on a no win, no fee basis, meaning you only pay a fee if your claim is successful.

If you would like to speak to a legal adviser about making a claim, call free on 0800 470 0474 or click here to request a call back.

Find out if you can claim

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    By submitting this form you agree to be contacted by our partners. Find out how we handle your data in our privacy policy. With no win no fee you typically pay 25% of your compensation if your claim is successful, but the fee can vary. Termination fees may apply if you fail to co-operate with your solicitor.

    What is the Montreal Convention?

    The Montreal Convention is an international treaty adopted in 1999. It governs the responsibilities and liabilities of airlines in the event of delays, damage, loss of luggage and passenger injury or death during flights. This agreement was signed by 137 countries, including the UK, and establishes strict liability for proven damages in personal injury claims up to a specified limit (roughly up to £162,000).

    This means that you do not have to prove negligence to claim compensation if you suffered damages under this value as long as you can clearly show that you were injured on a flight. For damages exceeding this limit, airlines are only liable for compensation if they cannot prove the negligence of a third party, such as the air traffic control or a manufacturing company.

    It is essential to acknowledge that the Montreal Convention only covers the rights and liabilities concerning passengers and luggage and does not protect the airline staff or crew members.

    Am I entitled to make an airplane accident compensation claim?

    You might be eligible for compensation if you were injured on an airplane as a passenger. Under the Montreal Convention, you do not have to prove that the accident happened due to someone else’s negligence. Instead, a solicitor will take on your claim if they can show the following:

    • You had an accident in-flight or while embarking or disembarking from an airplane
    • You suffered an injury or illness due to the incident

    Furthermore, the accident must have been caused by an unexpected external event and not caused by yourself. If proven, you can make an airplane accident compensation claim for any resulting injuries. An aviation accident lawyer will take on your case on a no win no fee basis and help you gather all the evidence you need to support your claim, which will be discussed below.

    Common types of airline accident claims

    Airline accident claims can arise from various types of incidents, including:

    • Slips, trips, and falls can occur on board an airplane or while embarking or disembarking from it. These can be due to slippery floors, objects left in walkways, and other preventable hazards;
    • Incidents involving hot food or beverages;
    • Food poisoning or allergic reactions can be caused by contaminated or poorly labelled food and can have severe consequences, such as life-threatening anaphylaxis;
    • Mid-air collisions or plane crashes are rare but catastrophic incidents that can result in wrongful death and severe injuries;
    • Injuries caused by items falling from overhead lockers;
    • Incidents caused by damaged furniture, such as faulty seats causing cuts, lacerations or crush injuries;
    • Accidents or injuries caused by severe and unexpected turbulence or bad landings, resulting in falls or being struck by items;
    • Collisions with vehicles, buildings or other planes and other incidents on the runway;
    • Accidents resulting from faulty equipment, such as defective food trolleys or emergency slides;
    • Assaults by other passengers or crew members during the flight can also lead to a claim.

    This list is not exhaustive, and you may be entitled to make an injury compensation claim for various other types of accidents as long as you are not to blame for it.

    What type of injuries could you suffer in an airplane accident?

    An airplane accident or incident can lead to a wide range of injuries, depending on the circumstances. Some of the most common injuries seen in aviation accident claims include:

    • Head injuries, such as lacerations, skull fractures, concussions or traumatic brain injuries
    • Back injuries, ranging from sprains and strains to severe spinal cord trauma and paralysis
    • Broken bones in the arms, legs, ribs or other parts of the body due to falls or high impacts
    • Cuts and lacerations from sharp objects, debris, faulty seats or falls
    • Burn injuries caused by hot food and beverages or fire incidents
    • Damage to internal organs such as the lungs, liver or kidneys due to crush injuries
    • Sprains and strains from slips, trips and falls, which can affect muscles, ligaments or tendons
    • Whiplash from sudden movements during impact
    • Respiratory injuries caused by inhaling smoke during a fire or a lack of oxygen due to cabin depressurisation
    • Post-traumatic stress disorder (PTSD) and other psychological injuries caused by the traumatic experience

    If you suffered any of these or another injury without being at fault for the accident, you may be able to claim compensation for the resulting pain, suffering and financial losses.

    Evidence needed to support a claim against an airline company

    Your solicitor will work with you to secure the evidence necessary to pursue a claim for compensation, which could include:

    • Photographic evidence of the accident scene and the root cause of your injuries before anything is removed or tampered with;
    • Pictures of any visible injuries and your recovery process;
    • Medical records, including X-rays and doctor’s notes, will prove the extent of the injuries you suffered, the treatments received and your recovery prospects;
    • Testimony from medical experts regarding any long-term effects of your injuries and future care costs;
    • Statements from witnesses to your accident can help corroborate what happened;
    • Your testimony about how the incident occurred and how the injuries sustained have affected your life;
    • A copy of an accident report made with the cabin crew will make it easier to prove the date, time and location of your accident;
    • You also need evidence of financial losses and expenses incurred as a result, such as lost wages, care costs and private treatments.

    Can I claim compensation as a member of the airline crew?

    If you suffered an injury as a member of the crew, you are not protected by the Montreal Convention (unless you are off-duty and travelling as a passenger). However, you may still be entitled to claim compensation from your employer, which is the airline company. As with all other employers, airline companies must take reasonable measures to protect your health and well-being while on the job, as dictated by the Health and Safety at Work Act 1957. Their duties include:

    • Carry out regular risk assessments to identify potential hazards in the workplace;
    • Provide a safe working environment that is free from hazards and risks of injury;
    • Provide adequate training to staff and crew members on health and safety procedures;
    • Ensure that all the equipment, such as life vests, oxygen masks, and first aid kits, are readily available and in good working condition;
    • Establish clear and effective safety procedures;
    • Carry out regular maintenance and inspection of aircraft and ground equipment to prevent technical failures and accidents;
    • Airline companies must also have a system in place for reporting accidents, incidents, and near-misses.

    If you were injured due to a breach of duty, you may be able to make an accident at work claim. You do not have to worry about losing your job if you seek compensation, as you are protected by unfair dismissal laws. In the unlikely event that your employer retaliates somehow, you would be entitled to start a further claim at an employment tribunal.

    Can I make an airplane accident claim on behalf of a loved one?

    Yes, you may be able to make an airplane accident claim on behalf of a loved one by becoming their litigation friend. This method is used when the injured party is a child under 18 or lacks the mental capacity to start a claim, either due to an aeroplane accident or a pre-existing condition such as Down syndrome. A litigation friend must be approved by the court and has several responsibilities, which include:

    • Approve and sign legal documents
    • Pay any fees requested by the court
    • Make decisions that are in the claimant’s best interests
    • Help gather evidence to support the flight accident claim
    • Liaise with solicitors and take legal advice

    If you secure compensation for a child or an incapacitated adult, this must be approved by a judge during a court hearing. You can then set up a personal injury trust to manage the awarded funds without it affecting any means-tested state benefits.

    It is essential to remember that you can also make a claim for a fatal accident. If you lost a loved one and are classified as their dependant, you can claim compensation for the financial benefits and services they provided in the household.

    How much compensation could I receive for an airplane injury claim?

    The compensation amount you might receive will depend upon the type and severity of the injuries sustained and how these have affected your daily life. Your solicitor will consider all the ways in which the incident has affected you to ensure you get the maximum compensation available. They will include two types of damages in your claim:

    General damages cover the subjective impact of the injury or illness on your life and could include the following:

    • Physical pain and suffering
    • Emotional and psychological damage
    • Loss of enjoyment of life
    • Loss of consortium or companionship
    • Permanent disability
    • Scarring and disfigurement

    Special damages cover the financial losses that have resulted from the injury or illness, such as:

    • Past, present and future medical expenses
    • Lost income and lost or reduced earning capacity
    • Travel costs for medical appointments
    • Compensation for damage to personal items
    • Costs of care and assistance during recovery or in case of a permanent disability

    Our compensation calculator offers various examples of compensation awards you could receive for general damages based on the type and severity of the harm you suffered. For a more accurate estimate based on your specific circumstances, please contact us for a free consultation.

    Time limits to start a personal injury claim

    The time limit to start your airline injury claim will depend on your specific circumstances. If you suffered an airplane injury as a passenger, you will have two years to make a claim under the Montreal Convention. This time limit is absolute, and no exceptions apply to children or protected parties.

    If you were injured as a member of the airline staff and you want to make a claim for a workplace accident, the Limitation Act 1980 may apply to your case. Under this Act, you typically have three years to start legal proceedings, after which your claim will be statute-barred and no longer valid. In this case, several exceptions might apply:

    • If you were under 18 at the time of the accident, the three-year time limit only begins on your 18th birthday.
    • If you cannot start legal proceedings due to a brain injury or another condition, the time limit is put on hold until recovery.
    • If you lost a loved one in an aircraft accident, you could claim airplane crash compensation within three years after they passed away.

    Can I make an aviation accident claim with a No Win No Fee solicitor?

    If you are eligible to make an aviation accident claim, the personal injury lawyers we partner with will offer you a 100% no win no fee service. The way this agreement works eliminates the financial risk to you and allows you access to legal representation regardless of your financial situation:

    • Your solicitor will take on your case and help you secure the compensation you deserve without asking for any upfront fees;
    • If you win the accident compensation claim, they will get a success fee to cover their services and the risk they took by offering you a no win no fee agreement. This fee is capped at 25% of your settlement and is agreed upon from the beginning;
    • If you lose the claim, you do not have to pay a single penny to anyone and will not be left out of pocket.

    As part of your agreement, you will also have After the Event (ATE) insurance that your lawyer will take out on your behalf. This type of insurance policy is essential to further protect you from financial losses, as it will cover all litigation costs if your claim fails. These include court fees, medical reports, expert witness fees, the defendant’s solicitors and other disbursements.

    To learn more about making a flight accident claim, call 0800 470 0474 today or request a call back. You will receive free legal advice with no obligation to proceed.

    Nick

    Last edited on 18th Jul 2025

    With over 15 years’ experience in the legal sector, Nicholas Tate (LLB Hons, LLM in Health Law) has extensive experience across all areas of personal injury and medical negligence claims.