Air travel, once a luxury, has become a routine mode of transport, bringing along an array of safety concerns. Among these, in-flight injuries are an unfortunate reality. The aftermath of such incidents often plunges the affected into a complex realm of legal and procedural tasks centered around claiming compensation.
This compensation serves not just as financial relief, but also as recognition of the ordeal suffered. This article intends to demystify the process of claiming compensation for in-flight injuries, arming you with essential knowledge as you traverse through the legal and procedural avenues post such incidents.
Common Types of In-Flight Injuries
Air travel, despite being relatively safe, is not devoid of accidents and incidents that can inflict physical harm. Some of the common in-flight injuries include:
The Claims Process: From Filing to Settlement
The pathway to claiming compensation for in-flight injuries is a nuanced voyage through legal and procedural realms. Here’s a glimpse into the claims process:
- Understanding aviation laws. The claims process requires a detailed understanding of aircraft function and safety and specific rules related to aviation litigation.
- Identifying liability. Establish who’s liable for the in-flight injury. More often, claims are filed against the airline. However, the liability could extend to other parties responsible for maintaining passenger safety6.
- Engaging legal counsel. It’s prudent to have an attorney evaluate your claim, given the complex nature of aviation laws and the claims process5.
- Filing the claim. Initiate the claims process by filing a claim against the liable party or parties. This step is critical and should be executed under the guidance of your attorney.
- Negotiation and settlement. Post-filing, there might be negotiations for a settlement. It’s essential to have professional legal counsel to navigate through negotiations, ensuring you get the rightful compensation.
Air travel, while convenient, is not without its share of risks. In-flight injuries are a stark reality that passengers might confront. This article has endeavored to shed light on the crucial steps to follow post-injury and the claims process thereafter. A sound understanding of these aspects can significantly smoothen the path to claiming compensation and ensuring justice.
- Turbulence-induced injuries. Turbulence remains a primary cause of in-flight injuries, triggered by various atmospheric conditions like weather fronts, thunderstorms, jet streams, or atmospheric pressure changes.
- Overhead bin accidents. Falling luggage from overhead bins is another common source of in-flight injuries, causing approximately 4,500 passengers to get hurt each year.
- Burns, contusions, lacerations, and head injuries. Especially among children, burns account for 39.3%, contusions 29.5%, lacerations 20.5%, and closed head injuries 8% of the in-flight injuries.
- Medical emergencies. Syncope, gastrointestinal issues, and respiratory, and neurological conditions can also arise or exacerbate during a flight.
Your Rights as an Injured Passenger
The legal landscape surrounding in-flight injuries is underpinned by the Montreal Convention, which is a cornerstone in establishing airline liability. Under Article 17 of this convention, to make a claim, a passenger must prove that the injury was sustained as a result of an “accident” during the flight. Understanding the intricacies of aviation law and the specifics of aviation litigation is crucial when pursuing a claim, often making the involvement of an attorney advisable.
The claim can be made against the airline, its employees, or even aircraft and component manufacturers depending on the circumstances. The claim may target the airline, its crew, or even the wings of aircraft and component manufacturers, contingent on the circumstances. Here, aligning with the best company for flight compensation can significantly smoothen the runway towards a successful claim, providing the requisite expertise and guidance through the labyrinth of aviation litigation.
Steps to Take After an In-Flight Injury
In the unexpected realm of in-flight injuries, swiftness and discerning actions are your stalwart allies to fortify your health and shield your compensatory rights. Traverse through the following steps in the wake of an in-flight injury:
- Heed the immediate medical call. Priority one is to beckon medical aid from the cabin crew. A swift response to any injuries is key to thwarting a worsening scenario.
- Chronicle the occurrence. Amidst the flight, become the scribe of your own saga – detail the injury, snapshot the scene and potential culprits. Your gathered proofs could be pivotal keys to unlocking rightful compensation down the road.
- Harbor witnesses. Should there be eyes that witnessed the incident, collect their contact docks. Their spoken truth could be the linchpin in validating your claim.
- Preserve the paper trail. Clasp onto any dialogues with the airline or their insurance helm, as these parchments may morph into vital evidence in your injury claim’s voyage.
- Summon further medical scrutiny. Once earthbound, beckon a thorough medical gaze to unveil the full tapestry of your injuries, as some may lurk in the shadows cast by adrenaline rush.