How to Sue an Airline (UK)

Sustaining a personal injury while travelling can be incredibly stressful, especially if it occurs during a flight. Knowing your rights and understanding the process of suing an airline can help you navigate this challenging situation and secure the compensation you deserve.

This guide will provide you with essential information on how to sue an airline in England and Wales for personal injury, ensuring you are well-informed and prepared to take the necessary steps. By understanding the Convention, gathering the right evidence, and knowing what to expect from the airline's response, you can confidently pursue your claim and seek the compensation that you deserve.

Your Rights as a Passenger

When it comes to personal injury sustained during an international flight, passengers are protected under the Montreal Convention. This international treaty outlines the liability of airlines for injuries to passengers and provides a framework for claiming compensation.

The Montreal Convention

The Montreal Convention is an essential legal instrument that ensures passengers can claim compensation for injuries sustained on international flights. It holds airlines accountable for damages and outlines the circumstances under which compensation is due. This includes injuries caused by accidents that occur on board the aircraft or during the process of boarding and disembarking.

Types of Injuries Covered

Under the Montreal Convention, a wide range of personal injuries can be covered. These include, but are not limited to, physical injuries resulting from turbulence, slips and falls, or accidents involving cabin luggage. It is important to understand that the injury must be a result of an "accident" as defined by the convention – an unexpected or unusual event that is external to the passenger.

The Importance of Flight Details

Accurate and comprehensive flight details are vital when making a claim. This includes your flight number, date and time of the flight, boarding passes, and any correspondence with the airline regarding the incident. Having detailed and organised documentation will support your claim and help establish a clear connection between the injury and the flight.

Initial Steps to Take

Collecting Evidence

The first step after sustaining a personal injury on a flight is to gather as much evidence as possible. Document the incident thoroughly by taking the following actions:

• Photographs: take clear photos of the injury, the scene where the injury occurred, and any relevant conditions or hazards.
• Medical reports: seek medical attention immediately, the cabin crew should be your first port of call. Ask for a copy of any medical treatment notes that outline the nature and extent of your injuries.
• Witness statements: if there were witnesses to the incident, collect their contact details and ask if they would be willing to provide statements.

Reporting the Injury

Report the injury to the airline as soon as possible. This can usually be done by contacting the airline's customer service, or filling out an incident report form provided by the cabin crew. Make sure to keep a copy of any correspondence or reports for your records.

Contacting the Holiday Company

If your flight was part of a holiday package, it is also important to notify the holiday company. They may have additional procedures for handling such incidents Ensure you document all communications with the holiday company and retain copies of any forms or reports submitted.

Keeping All Relevant Documents

Maintaining an organised file with all relevant documents is essential. This should include:

• Flight details: keep your boarding passes, flight itinerary, and any e-tickets.
• Correspondence: save all emails, letters and notes from phone conversations with the airline and the holiday company.
• Receipts: retain receipts for any expenses incurred as a result of the injury, such as medical bills, transportation costs or accommodation expenses.

Assessing Compensation

How Much Compensation You Can Claim

The amount of compensation you can claim for a personal injury sustained during a flight can vary significantly based on several factors. It's essential to understand that compensation is intended to cover both tangible and intangible losses. Tangible losses include medical expenses, lost wages and other out-of-pocket costs. Intangible losses cover pain and suffering, and the impact on your quality of life.

Factors Affecting Compensation

1. Severity of the injury: more severe injuries typically result in higher compensation. This includes both the immediate impact and any long-term consequences.
2. Medical expenses: all medical costs related to the injury, including emergency care, hospital stays, surgeries, medications and rehabilitation, are considered.
3. Loss of earnings: if the injury prevents you from working, you can claim compensation for lost wages. This includes both current and future lost earnings if the injury impacts your long-term ability to work.
4. Impact on daily life: compensation can also cover the impact on your daily activities, hobbies and overall enjoyment of life. This is often assessed through personal statements and expert testimony.
5. Pain and suffering: this subjective factor considers the physical and emotional pain experienced due to the injury. While harder to quantify, it plays a key role in determining compensation.

Compensation

The exact amount of compensation payable to you will be bespoke, to take into account your injuries, the pain, suffering and loss of amenities you have suffered, and the impact on your life.  Your out of pocket expenses to date and any future losses expenses will be calculated as part of the legal case.  

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Filing a Claim

The Process of Filing a Claim

Filing a claim against an airline for personal injury involves several steps. It’s important to follow the correct procedures to ensure your claim is processed efficiently.

1. Gather documentation: assemble all the evidence you've collected, including flight details, medical reports, photographs, witness statements and receipts for any expenses incurred due to the injury.
2. Notify the airline: ensure your formal complaint is notified to the airline, detailing the incident, the injuries sustained.  This ensures they have notice, and can remedy any defect or issues to prevent any other passengers suffering similar injury.   
3. Contact specialist lawyers: this is a specialist area of law, with different time limits and you should ensure you have specialist legal advice to ensure the best outcome for you. 

Legal Fees

Legal fees vary based on the solicitor's experience and the complexity of your case. However, many solicitors offer a "no win, no fee" arrangement for personal injury claims, meaning you only pay if your claim is successful.

Possible Outcomes

The airline's response to your claim can vary. They might:

• Settle the claim: the airline may offer a settlement amount to avoid going to court. Having independent legal advise will ensure the settlement is fair and covers all your expenses and losses.
• Dispute the claim: if the airline disputes your claim, the case may need to go to a court hearing, where a judge will decide the outcome based on the evidence presented. 

The Airline's Response

What to Expect from the Airline's Response

Once you have submitted your claim for compensation via lawyers, the airline is expected to respond within a reasonable timeframe and abide by the principles of protocols in place under the procedural law of England and Wales. Their response can take several forms, and it's important to be prepared for each possible scenario.

1. Acknowledgement of the claim: the airline may acknowledge receipt of your claim and provide an initial response. This often includes a request for additional information or documentation to support your claim.
2. Settlement offer: in many cases, the airline may offer a settlement to resolve the matter quickly. This offer will include a specific compensation amount. It's important your lawyers work with you to carefully review any settlement offer to ensure it covers all your expenses and losses, both now and any that may arise in the future. Consulting with a solicitor before accepting a settlement is crucial as settlements are full and final.
3. Denial of the claim: the airline may deny your claim, stating that they are not liable for the injury. They might argue that the injury did not result from an accident as defined by the Montreal Convention, or they might dispute the severity of the injury. Specialist lawyers will work with you to gather evidence to assess and support your case.
4. No response: in some instances, the airline may not respond at all. If you do not receive a response within a reasonable period, there are legal mechanisms to seek pre action disclosure, or court proceedings can be commenced. 

Possible Outcomes

The outcome of your claim will depend on several factors, including the strength of your evidence, the airline’s policies, and the specifics of your case. Here are some possible outcomes:

1. Successful settlement: if the airline offers a fair settlement and you accept it, the matter can be resolved without going to court. 
2. Court hearing: if the airline disputes your claim or you cannot agree on a settlement, the case may proceed to a court hearing. During the hearing, both sides will present their evidence, and a judge will make a decision based on the facts presented.
3. Default judgment: if the airline fails to respond to your claim, you can request a default judgment from the court. This means the court may decide in your favour based on the information you have provided.

Legal Support

The Importance of Legal Advice

Navigating the process of suing an airline for personal injury can be complex and daunting. Seeking professional legal advice is necessary to ensure you understand your rights and the best course of action for your claim. A solicitor with experience in this specialist area of personal injury and aviation law can provide valuable guidance and support throughout the process.

Choosing the Right Legal Representation

Selecting the right solicitor is essential for the success of your claim. Here are some tips to help you choose the best legal representation:

1. Experience and expertise: look for a solicitor that specialises in personal injury claims involving airlines. Their expertise in this area will be invaluable in understanding the specifics of your case and the legal framework, including the Montreal Convention.
2. Track record: research the solicitor’s track record in handling similar cases. A history of successful claims can provide confidence in their ability to achieve a favourable outcome for you.
3. Client reviews: read client testimonials and reviews to gain insight into the solicitor’s reputation and the quality of their services. Positive feedback from previous clients can be a good indicator of reliability and effectiveness.

Benefits of Legal Support

Having a solicitor handle your claim offers several significant advantages:

1. Expert guidance: a solicitor can provide expert advice on the strength of your case, the potential compensation amount, and the best strategy for pursuing your claim.
2. Document preparation: your solicitor will help gather and organise all necessary documentation, including medical records, flight details and evidence of the injury. They will ensure that all paperwork is correctly completed and submitted on time.
3. Negotiation skills: experienced solicitors are skilled negotiators. They can communicate effectively with the airline’s legal team to seek a fair settlement, potentially avoiding the need for a court hearing.
4. Representation in court: if your case goes to court, your solicitor will represent you, presenting your case clearly and persuasively. Their familiarity with court procedures and legal arguments will be vital in achieving a positive outcome.

Initial Consultation

Most solicitors offer an initial consultation to discuss your case. This meeting is an opportunity for you to evaluate their suitability, and to ask questions about their approach, fees and experience. It’s also a chance for the solicitor to assess the merits of your claim and advise on the next steps.

Costs and Fees

Understanding the costs involved in legal representation is important. Discuss the fee structure with your solicitor during the initial consultation. In a "no win, no fee" arrangement, the solicitor's fees are typically recovered from the Defendants but a success fee, which is a capped percentage of some of the compensation awarded is charged. Ensure you have a clear agreement in place to avoid any unexpected costs.