If you or a loved one has been injured during air travel, you may be able to bring a claim against the airline involved. The process for bringing a claim will differ depending on whether you were injured while travelling with an airline registered within or outside the EU; although these are broadly very similar.
At Lavelle Solicitors, we have successfully been managing airline injury claims for over three decades, and have the experience to be able to represent you and your family. We will take the time to listen to the details of your case, and advise if you will be able to seek recourse for your pain, suffering, and losses.
I was injured while travelling on an EU registered airline – can I claim?
If you were injured while travelling with an EU based airline, you might be eligible to bring a claim under EU Regulation 889/2002. These regulations brought the EU in line with the internationally recognised Montreal Convention (see below). This set of regulations places a legal requirement on EU airlines to ensure they are adequately insured, and to provide information to passengers relating to liability rules. It also requires airlines to make advanced payments to victims of injury if hardship has been established; however, this does not necessarily constitute an admission of liability.
There is no limit on the amount of payment to be made in relation to an injury or death while travelling with an EU airline; however, above a set amount, the airline can contest negligence. This means that up to this threshold, the airline has strict liability.
I was injured due to while travelling on a non-EU registered airline – can I claim?
Those injured while travelling with a non-EU registered airline can bring a claim under the Montreal Convention (1999), also referred to as the ‘Convention for the Unification of Certain Rules for International Carriage by Air’. The Montreal Convention ensures that any passenger injured on an international airline can bring a claim relating to death and injury. Like the EU regulations, the Montreal Convention imposes no limits on claims and allows for advanced payments to be made.
What types of airline injury can I claim for?
You may be able to bring a claim under EU Regulation 889/2002 or the Montreal Convention if you have suffered an injury due to:
- Spilt hot beverages leading to burns
- Luggage which falls from overhead storage
- Falling due to aisle obstruction
- Assault by another passenger
- Food poisoning
- Communicable diseases
- Aircraft incident, e.g. emergency landing, heavy landing, sudden depressurisation.
What may a claim for airline injury cover?
Claims following an airline injury due to negligence may cover two areas of loss:
- Pain and suffering due to the injury; and
- Specific costs resulting from the injury caused. This may cover costs already incurred, such as transport, accommodation, and medical treatment, and expected future expenses, such as physical therapy, loss of earnings and care costs.
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
How Lavelle’s airline injury solicitors can assist you in bringing a claim
- Lavelle Solicitors have successfully managed many cases of airline injury.
- Our personal injury team, headed by partner, Avril Scally, who herself has over 15 years’ experience in personal injury claims, place client care at the centre of everything they do.
- From the first moment you speak to one of our solicitors, we will listen to your case carefully and with empathy and will only recommend advancing your case if we believe you have a valid case.
- We have both the legal expertise and understanding of the real-life challenges faced by individuals and their families following such events.
- Our solicitors will manage the process entirely on your behalf; compiling the information necessary for your case, including medical notes, and managing the submission of your personal injury claim.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for an airline injury within or outside the EU, please contact Lavelle Solicitors in confidence on (01) 644 5800 or email Avril Scally at [email protected]