Flight Accident Injury Claims
If you were injured in an accident due to another party’s fault, you may be eligible for compensation. Our legal team will guide you through the claims process.
Have you had an injury while on a plane?
If you have had the misfortune of being involved in an accident whilst present on an aircraft you should immediately report same to cabin crew. It would be prudent to take the details of the cabin crew member to whom you report the accident, to take note of your flight number and to keep a copy of your boarding card.
Accidents which take place on an airplane fall within the provisions of Section 56 of the Civil Law Miscellaneous Provisions Act 2011, specifically the exclusions in relation to claims governed by the Warsaw and Montreal Conventions, and therefore fall outside the remit of PIAB.
The Montreal Convention – Who is Liable on the Aircraft for Injury?
Under the Montreal Convention, as the injured party, you are entitled to bring proceedings in either the country where you live or the country you were flying to.
The Montreal Convention states that any accident which takes place on an aircraft, which results in either physical or psychological injury, is the responsibility of the airline. The airline will accept liability for the injuries sustained as a condition of carriage, up to the sum of €130,000 (approx.). So long as your claim for compensation does not exceed the stated amount, there will be no need to prove that the airline was negligent and you are automatically entitled to compensation. If your claim against the airline exceeds the sum of €130,000 (approx.) you will have to prove that the airline was in fact negligent and they are entitled to defend the claim being brought against them.
Although, in the first instance, an application will be made to PIAB, they will not deal with this type of claim. PIAB will confirm with your solicitor that the claim falls under the Montreal Convention and once same has been confirmed they will provide an Authorisation to issue proceedings. Papers will be sent to your Barrister to draft the appropriate proceedings on your behalf. All accidents/incidents which take place on an aircraft will fall within the remit of the High Court.
Common causes of accidents on an aircraft:
- Baggage falling from an overhead locker
- Injury caused by turbulence
- Trips, slips and falls
- Food Poisoning
- Burns and scalds from spilled food and hot drinks
- Collision with a trolley
Got a question about Starting a Claim for Personal Injury or Medical Negligence? Send us a message!
If you’ve suffered a personal injury through no fault of your own, the path to fair compensation can be daunting. Our experienced solicitors have successfully represented clients across Ireland, offering compassionate, expert advice. Contact us confidentially any day of the week by call, email, text, or contact form, and a solicitor will respond. We’re here to help 7 days a week.
No Win No Fee Explained
No Win No Fee – The legal term used to describe how solicitors take on a case where they pay the costs of the litigation. Irish Law Firms who operate on this basis pay for the medical reports, expert fees and other legal costs associated with your injury case. It’s common for specialised personal injury firms to operate on a “no win no fee” basis. Solicitors are not allowed to advertise no win no fee services.
Start your injury case
If you’ve suffered injury, loss, damage or expense as a result of another party’s negligent act or omission, you may be entitled to claim from that party or their insurers. Starting a case with our legal team is a seamless process. Subject to strict exceptions, you have two years from the date of your accident to commence legal proceedings. A different claims policy applies to children under 18.
What can I claim for?
Personal Injury Claim amounts are difficult to value at the outset of any case, but the value of your case in terms of General Damages will depend on the severity of the injury, the pain, suffering and inconvenience caused by the length of time to recover and the prognosis for the future. In addition, you are entitled to claim for all financial losses and expenses sustained by you as a result of the accident.
Talk to a Solicitor today
Contact us 7 days a week by phone, email or fill out the tell us about your case form and a solicitor will contact you without delay. We are Here to Help.
