Aviation Accident Claims: Tips on Seeking Compensation If You Get Injured In-Flight

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Commercial air travel is generally a safe mode of transportation. While there are around 1,300 aviation accidents every year in the U.S., the lifetime odds of dying in a passenger airplane in the United States are too low to calculate, according to aviation data. Still, accidents can happen anywhere, and you can easily get injured in flight as in any other place.

As a passenger, it is within your rights to expect that your safety and well-being are protected while onboard the airplane when embarking and disembarking and when you’re within any airport. So, if you are injured or catch an illness because of an airline’s health and safety negligence, you may be able to claim compensation.

Aviation Accident Claims

Understanding Aviation Accident Compensation Claims

Accidents on planes are still quite common, even though air travel is relatively safe. As such, people who already have a fear of flying may get terrified of traveling in an airplane. Just the thought of flying for a few hours can be frightening enough, so when people get into aviation accidents on planes, they may become even more nervous about flying. 

A flight accident occurs every day on board an aircraft, and depending on the type of aviation accident, injuries may range from minor to severe.

Types of Aviation Accidents

If you’ve been injured in an accident on an airplane, you may file a personal injury lawsuit to seek compensation. You can do it whether you’ve been injured while boarding, deplaning, or during the flight. Here are some types of accidents that you may seek damages for: 

  • Slip accidents while stepping on or off the plane
  • Injuries caused by severe turbulence
  • Overhead baggage falling on passengers
  • Overhead locker door injuries
  • Getting injured by an in-flight trolley
  • Getting burned and scalded by spilled food and drinks
  • Injuries caused by abrupt landing
  • Allergic reactions to in-flight meals

Claims If Flying Outside the U.S.

Whether on a domestic or overseas flight, if you are injured on a plane, you are entitled to compensation. International air carriage is governed by the “Montreal Convention 1999.” If an airline is responsible for an accident-causing injury, strict liability is imposed on them.

Statute of Limitations on Aviation Accidents

An aviation claim must be made within a set period, as with most claims. Under the Montreal Convention 1999, victims of aviation accidents have two years from when they disembarked the aircraft to file a claim. However, it is always a good idea to file your claims as soon as possible. 

Aviation Accident Compensation

Understanding the purpose of compensation claims is essential from the beginning. Compensation amounts vary by severity of injury and impact on the individual and their life, making it difficult to determine how much compensation you can claim. Also, huge payouts are very rare, so you should keep your expectations realistic. Your compensation award will be split into special and general damages:

General Damages

You will receive general damages if you suffer an injury. These are considered in addition to your suffering, pain, and loss of amenity. Compensatory damages are based on the type of injury sustained, the severity and impact of the injury, as well as how the injury may affect you in the future.

Special Damages

In addition to your injuries, special damages may include financial losses as a result of the accident. Compensation for an aviation claim is calculated based on:

  • Loss of wages – from the time you’ve taken off work
  • Treatment and medication costs
  • Transportation and parking costs 
  • Special care and assistance
  • Private treatment costs

Understanding the Claims Process

When you’ve contacted a personal injury lawyer, there will be an initial consultation regarding your claims. You should provide all the necessary details that will help your lawyer determine the success rate of your aviation accident claim. A case investigation should follow to identify the liable party.

The case will be submitted, and liability will be established. Next, the compensation sum will be calculated, which will include factors like medical evidence, loss of earnings, life changes, and more. 

The liable party may try to negotiate a settlement after accepting the valuation for your claim. If one or both parties don’t agree on the settlement, the case will go to trial.

Who’s Responsible for Your In-Flight Injuries?

Most people do not realize how common in-flight injuries are. This is not surprising since airlines perform many functions on the tarmac and in the air. Aside from takeoff and landing, airline staff are primarily responsible for in-flight safety. 

Passengers can also help ensure a safe journey by following occupational health and safety guidelines. Although every effort is made to avoid accidents and emergencies, the possibility exists, and anyone injured should receive compensation.

An aircraft accident compensation claim should take into account the person or persons who are ultimately responsible, even if the immediate blame lies with airline staff. There are several types of negligence:

Settlement Options After an Aviation Accident 

In many cases, settlements are the better option based on the strength of the evidence and the stress of going to trial. A lawyer who’s an expert in aviation accident claims can help you receive compensation appropriate to your injuries. The defendant can also avoid lengthy legal proceedings, which are usually more favorable for companies like airlines. 

There are different ways in which settlements are reached. Your lawyer will examine your case and the other parties involved and decide how to proceed most effectively. Possible avenues include discussions between lawyers, meetings between the lawyer and insurance provider, and meetings with all parties involved. 

Get Help from Legal Experts

Choosing the right lawyer for your aviation accident claim is a step in increasing your chances of getting the compensation you deserve. Getting higher payments means you will have the resources to take care of your family and help you recover faster so you can return to your everyday life.

When hiring a lawyer, make sure to choose one with experience in handling similar cases. You should also check their success rates and the compensation they’ve won for their previous clients. 

In addition, you should hire someone with trial experience in case the settlement falls through and your case goes to trial. Your lawyer should also have the right resources in connection to aviation accident cases and expert witnesses.

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