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In-Flight Accident Claim Specialists
In-Flight Accident Claims
If there was an accident that caused you injury whilst on-board an aircraft, or while you were in the process of boarding or disembarking the aircraft, you may be able to claim compensation.
According to reports, air travel is one of the safest, if not the safest, mode of transport available, and the vast majority of us will fly without incident each year. Whether flying regularly for business or taking a trip abroad to enjoy some warmer weather, we all put our trust in the airline, the aircraft and the staff to keep us safe, but sometimes accidents do happen, sometimes resulting in injuries to passengers.
If you or a loved one have been injured on a flight, or during the process of embarking or disembarking from an aircraft, you could be entitled to make a flight accident compensation claim.
Accidents on board flights are not subject to the same legal rules as accidents that happen in England or Wales.
Unlike most accident claims, it is not necessary to prove negligence in order to make a compensation claim. If a personal injury takes place on-board an aircraft, or in the process of boarding or disembarking the aircraft, it is only necessary to prove that the claimant had “an accident which caused injury”.
For a free evaluation of your in-flight injury compensation claim, call PSR Solicitors today or send your details through the enquiry form and we’ll call you back.
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When you are injured on a plane, whether you are on a domestic or international flight, you are protected by a piece of legislation called the Montreal Convention 1999. Originally drafted in 1999 and now ratified by 133 countries worldwide; The Montreal Convention 1999 establishes airline liability in the case of death or injury to passengers, as well as in cases of delay, damage or loss of baggage and cargo.
Article 17 of the Montreal Convention 1999 specifically covers liability for personal injury and provides that:
“a carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the death or injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking.''
In most personal injury claims it is necessary to prove negligence or a breach of statutory duty on the part of a defendant, but under the Montreal Convention 1999, it is only necessary to prove the following:
Many passengers who’ve been injured during a flight mistakenly think they’ll get help by making a complaint in writing to the airline.
However, it is highly unlikely that you’ll be rewarded with adequate financial compensation via this route. It is the airline’s insurance company that handles the real pay-outs, so, if you have been injured in an accident on an airplane, you should seek the advice of a personal injury lawyer to ensure you receive the levels of compensation you are entitled to.
If a passenger has been injured during air travel by anything that is out of the norm, then the airline is strictly liable. There is no need to prove that the airline has been negligent, making the process of making a compensation claim more straightforward than in many other forms of personal injury claims.
That said, there is still an onus on the victim to prove that the accident was caused by an ‘unexpected or unusual event’ and this is not always as simple as it sounds. So, if you are looking to bring a claim under the Montreal Convention 1999, you should seek the expertise of qualified personal injury solicitors with experience in bringing such a claim, you need PSR Solicitors.
Contact the expert in-flight injury solicitors at PSR Solicitors for a free claim evaluation today or send your details through the enquiry form and we’ll call you back.
If you have suffered an injury on board an aircraft or at an airport, then you should contact us as soon as possible in order to discuss whether or not you might be able to make a claim for compensation.
It is important to remember that a claim brought under the Montreal Convention 1999 must be brought within two years from the date of the accident, and not the usual time limit of three years applied to the vast majority of personal injury claims in England and Wales.
However, we’d strongly advise you to make a claim at your earliest convenience following the incident. This will help to strengthen the evidence of your case and will improve your chances of securing the optimum levels of compensation.
It is also worth mentioning again that these rules apply “in the course of any of the operations of embarking or disembarking". Therefore, this generous provision might apply to you if you have suffered an injury at any point after going through security at the airport as you leave, or before you go through passport control after you land.
The precise circumstances of each case are different, so if you have suffered an injury at an airport, then PSR Solicitors will be able to discuss this with you and advise you exactly how the law applies to your circumstances.
One of the key features of the Montreal Convention is that airlines now accept strict liability for accidents up to a certain capped amount, where an accident is proven.
The cap is set using a universal currency called Special Drawing Rights or SDR, set by the IMF, which is used to benchmark values against other currencies for consistency in international cases such as this. At the time of writing the cap is currently 128,821 SDR which equates to about £133,147, US$185,408 and €152,964.
The result is that most smaller claims are now settled out of court, reducing both the costs and the time needed to pursue them.
Where an air passenger's claim exceeds the SDR limit, an airline can use the defence that the accident was not due to their own negligence or can attribute the accident to the negligence of a third party.
The Montreal Convention applies strictly to passengers only. The only circumstance in which a member of the airline staff is able to make an in-flight injury compensation claim under the Montreal Convention is if they are “deadheading”, at which point they are officially off duty and are considered a passenger. Deadheading refers to the practice of off duty airline staff flying as a passenger, either to return home or to meet another flight they are scheduled to work on.
All compensation claims for injuries to airline staff that fall outside the situation described above would have to be brought as standard work accident claims against their employer, in this case, the airline.
Airline passenger numbers have increased in all but one of the last 15 years, and this trend certainly looks set to continue for the foreseeable future.
While the number of major air disasters has decreased in recent years, there has been an increase in the number of smaller on-board and in-flight injuries to passengers, with an estimated 4500 passengers injured each year by falling baggage.
This increase has been attributed to factors such as:
The five most common causes of in-flight injury are:
Other common causes of on-board or in-flight injuries include:
Injuries caused during air travel can be painful, severe, and can most certainly ruin holidays.
If you have suffered a personal injury during travel by air, you should not be deterred from making an airline injury compensation claim. The law is on your side.
If you are looking to make a flight injury compensation claim and want free advice from a fully qualified solicitor, then please contact us now. Using one of our specialist personal injury claim solicitors ensures that you have a better chance of winning your flight injury claim and receiving all of the compensation and help that you are entitled to.
Our credentials speak for themselves. We are proud to be accredited by the Law Society for our expertise in handling personal injury claims and have been recognised by the Law Society for our outstanding client service, being awarded the Lexcel Practise Management Standard.
We deal with all personal injury claims on a No Win No Fee Claim basis, meaning that if your flight injury compensation claim proves to be unsuccessful, there will be no legal fees to concern yourself with, so No Win No Fee = No Risk To You.
With offices in Colwyn Bay, Ellesmere Port, Rhyl, Shotton, Wrexham, Wallasey, and Chester, PSR is a leading Personal Injury Law Firm in Wales and Personal Injury Lawyers in Cheshire.
We regularly act for clients on in-flight accident claims across North Wales, Cheshire, Merseyside, and Liverpool. As recognised expert Personal Injury Solicitors, we can support your needs wherever you live in Wales, England & Northern Ireland.
The team at PSR Solicitors is best placed to help you with your Airplane Accident Compensation Claim so for confidential, professional legal advice don’t hesitate to contact our team of specialist solicitors today.
If you have been involved in an accident or been injured in any way in the past three years, through no fault of your own, contact us today and speak to one of our team so that we can help you get your life back on track.
Richard Layfield LLB
Solicitor - Head of Personal Injury
I've been a Solicitor at PSR Solicitors since March 2013 and am head of Personal Injury throughout the firm as well as having full responsibility for managing the Rhyl office.
I completed both my Law LLB and LPC degrees at Cardiff University, graduating in 2008 and 2009 respectively. Thereafter, I completed my 2-year training contract at a firm based in Cardiff, then I was retained by this firm as a Criminal Defence Solicitor until I decided to relocate up to North Wales.
As an experienced personal injury and civil litigation Solicitor, I represent Claimants in all manner of personal injury case work including injuries as a result of Road Traffic Accidents, Accidents at Work, and Occupiers Liability Accidents. I handle all types off personal injury claims from the minor right through to complex, serious injury claims.
Outside of work I'm a keen rugby fan, who enjoys running and travel.
Shotton Office, Rhyl Office, Ellesmere Port Office, Wallasey Office
Paul Rossiter
Paul Rossiter LLB Law
Managing Director
I qualified as a solicitor in 1998 and worked as a Personal Injury Specialist throughout my legal career, dealing with high value serious injury cases obtaining both compensation and rehabilitation for my clients. I was a member of APIL (Association Of Personal injury Lawyers) and recognised by the Law Society as being a Senior Personal Injury Solicitor.
After working in various law firms, both small high street firms and a larger practice in Manchester, I saw a gap in the market for a high quality practice that had the same core high street values of being personable and approachable and combining them with the efficiency and professionalism of a larger practice. PSR Solicitors was therefore established in 2009 and since then PSR Solicitors has provided high quality legal services to local clients throughout North Wales and Cheshire.
I live in Chester with my young family and 2 dogs and enjoy regular holidays along the coast of North Wales and Ibiza.
I have recently been asked to join the board of trustees at Platform For Life, a mental health counselling charity in Chester. Good mental health is the foundation of a more fulfilled, happy and healthy life, yet many families struggle to access the help and support they need to achieve it. Platform for Life offers free local counselling and play therapy for families who would otherwise not be able to afford it.
Richard Layfield
USUAL LOCATIONS: Shotton Office, Rhyl Office, Ellesmere Port Office, Wallasey Office
Mark House
Mark House LLB
Solicitor - Head of Litigation
USUAL LOCATIONS: Shotton Office, Wrexham Office, Colwyn Bay Office, Wallasey Office
I completed my law degree and legal practice course at Nottingham Law School, before qualifying as a solicitor in 2004. I then worked at a specialist personal injury firm in the East Midlands and a leading regional firm, before joining PSR in 2017.
With PSR I've continued to specialise in acting for Personal Injury claimants and have developed a keen understanding of the procedures and tactics involved in pursuing a claim, as well as the difficulties and concerns faced by people who have suffered as the result of an accident.
Since 2014 I've been proud to help hundreds of people. I've represented the public in all manner of injury claims, including serious orthopaedic injuries, brain damage, and psychological trauma. I was instructed to deal with claims for clients in the aftermath of the Potters Bar rail crash and the Penhallow hotel fire.
In addition, I represent clients in relation to all manner of disputes. I have dealt with professional negligence claims, such as those against solicitors and builders. I have helped clients recover money which is due to them and to dispute invoices which have been sent to them. I have helped business defend claims against them. I have tackled neighbour and boundary disputes.
I live locally to the Colwyn Bay office, and outside of work, I enjoy taking advantage of the coastal and mountain outdoor activities which are available on the doorstep. I'm also heavily involved with an outdoor pursuits charity, which I find an enjoyable and rewarding way of using my free time.
Jasmine Simpson
Jasmine Simpson LLB (Hons)
Solicitor
USUAL LOCATIONS: Rhyl Office, Colwyn Bay Office
I joined PSR Solicitors in May 2022 as part of their first cohort of Trainee Solicitors. After being admitted as a Solicitor in August 2023, I joined the firm's Litigation Department.
I completed my Law degree at The University of Liverpool in 2018, then went on to complete the Legal Practice Course at The College of Law, Chester.
Outside of work I enjoy making the most of living in North Wales and often spend my weekends on the Llyn Peninsula. I also enjoy going to the gym, skiing holidays and travelling to warmer destinations.
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