Flying is often described as one of the safest ways to travel. Millions of passengers board flights every year, heading off on holidays, business trips, or to see family. Most of the time, everything goes smoothly. However, accidents can happen even at 35,000 feet. A fall in the cabin, a burn from hot drinks, or even a serious injury caused by turbulence can quickly turn a journey into a nightmare.
If you have been injured while flying, you might be wondering: Can I claim compensation? How much could I get? What do I need to do? This guide will explain everything you need to know in simple terms. By the end, you will understand your rights, what evidence you need, and how the claims process works.
Why Flight Accident Compensation Exists
When you book a flight, you place your trust in the airline. You expect them to provide a safe journey, from boarding the plane to getting off at your destination. Unfortunately, things don’t always go to plan.
Because of this, international agreements and UK laws exist to protect passengers. The most important is the Montreal Convention 1999, which sets the rules for airline responsibility. Under this agreement, airlines are strictly liable for accidents and injuries that happen during flights, boarding, or disembarking.
This means you can often claim compensation without needing to prove negligence. The system was designed to give passengers peace of mind and to make sure airlines take safety seriously.
Can You Claim Flight Accident Compensation?
The first question you probably have is: Am I eligible to make a claim?
You can usually claim compensation if:
- The accident happened on the plane, while boarding, or while disembarking.
- The incident was caused by something unusual or unexpected – not simply by the act of flying itself (for example, ear pain from air pressure would not count).
- You suffered an injury or illness as a result.
Under Article 17 of the Montreal Convention, the airline is strictly liable for injury or death caused by an accident. You do not always need to prove that the airline was negligent. However, you do need to prove that an “accident” happened and that it caused your injury.
Common Examples of In-Flight Accidents
To give you a clearer picture, here are some of the most common accidents that happen on planes:
1. Slips, Trips, and Falls
It is easy to trip over a bag strap in the aisle or slip on a wet surface while boarding. If cabin crew have not properly stored luggage or cleared hazards, you could have a claim.
2. Turbulence Injuries
Turbulence is part of flying, but airlines must warn passengers in time. If the crew fail to switch on the seatbelt sign, you could be thrown forward and injured.
3. Burns and Scalds
Hot coffee, tea, or soup can cause painful burns if spilled by crew members. Food poisoning from unsafe meals may also be covered.
4. Falling Luggage
Overhead lockers can be dangerous if luggage falls out. Passengers have suffered serious head and neck injuries from bags that were not properly stowed.
5. Faulty Seating
A broken seatbelt, damaged armrest, or collapsing seat can lead to injuries. Airlines must make sure seating and fixtures are safe for passengers.
6. Assaults by Other Passengers
Sadly, not every passenger behaves. If another passenger assaults you and the airline failed to deal with the situation properly, you may have a valid claim.
How Much Compensation Could You Get?
Compensation amounts vary greatly. Some cases may only be worth a few hundred pounds, while others can reach hundreds of thousands or even millions in very serious cases.
Here’s what might be included in your claim:
General Damages
- Pain and suffering from the injury.
- Psychological impact, such as stress or anxiety.
- Loss of enjoyment of holidays or activities.
Special Damages
- Loss of income if you had to take time off work.
- Future loss of earnings if the injury affects your career.
- Medical expenses, including private treatment or physiotherapy.
- Travel costs for hospital visits.
- Mobility aids or home adaptations if you were left with long-term injuries.
- Cost of a medical flight home, if required.
The airline’s strict liability applies up to a capped amount of 151,880 SDR (Special Drawing Rights) – roughly £157,300. For claims above this, the airline can defend itself by showing it was not negligent.
Can You Claim for Someone Else?
Yes, in certain cases:
- Children: Parents or guardians can make a claim on behalf of an injured child.
- Vulnerable people: If someone cannot manage their own affairs, a family member can claim for them.
- Fatal cases: If a loved one died in a flight accident, family members can pursue compensation for their loss.
What Evidence Do You Need?
Even though airlines are strictly liable, evidence makes your claim stronger and helps prove the value of your compensation. You should try to collect:
- Your boarding pass or ticket – to prove you were on the flight.
- Photos of the accident scene or injury.
- Witness details – other passengers can confirm what happened.
- Medical records – from doctors who treated your injuries.
- Receipts or records of any financial losses (for example, extra hotel costs if you had to stay longer).
If you are unable to collect evidence yourself, a solicitor can often help gather it.
How Long Do You Have to Claim?
Time limits are strict in aviation law. Under the Montreal Convention, you have two years from the date of the accident to start your claim.
This is shorter than the standard three years that applies to most personal injury cases in the UK, so it is important not to delay. If you are claiming for a child, the time limit may work differently, but you should still act quickly while evidence is fresh.
Who Investigates Flight Accidents?
In most personal injury cases, the airline will deal with your claim directly or through their insurers. For serious or complex cases, the Air Accidents Investigation Branch (AAIB) may become involved to investigate what happened.
This ensures lessons are learned and steps are taken to prevent similar accidents in the future.
Do You Need a Solicitor?
While it is not a legal requirement, using a solicitor makes the process much easier. An experienced personal injury solicitor will:
- Assess your claim and estimate potential compensation.
- Gather and present evidence.
- Handle negotiations with the airline or insurers.
- Make sure you receive the maximum amount possible.
Most claims are handled on a No Win No Fee basis. This means you do not pay anything upfront. Your solicitor only gets paid if you win compensation, usually as a percentage of your settlement.
Step-by-Step Process to Make a Claim
Here’s what usually happens when you start a flight accident compensation claim:
- Initial consultation – You explain what happened. The solicitor advises whether you have a valid case.
- No Win No Fee agreement – If you agree to proceed, the solicitor takes on your case.
- Evidence collection – They help gather documents, witness statements, and medical records.
- Medical assessment – An independent doctor examines you to report on your injuries.
- Claim submission – The solicitor sends details of your claim to the airline or its insurers.
- Negotiation – Most cases are settled out of court, but your solicitor can represent you in court if needed.
- Compensation awarded – You receive your settlement, covering both general and special damages.
Why Acting Quickly Matters
Many people delay claiming because they think the process will be stressful, or they are unsure of their rights. But acting quickly has clear advantages:
- Evidence is easier to secure.
- Witnesses remember details better.
- Medical records are more up-to-date.
- You won’t risk missing the two-year deadline.
Final Thoughts
Being injured on a flight can be a frightening and upsetting experience. Whether it was a slip in the aisle, luggage falling from an overhead locker, or burns from hot drinks, you deserve proper support and fair compensation.
By understanding your rights under the Montreal Convention and UK law, you can take steps to recover both financially and emotionally. The key is to act quickly, collect as much evidence as you can, and seek professional advice from a solicitor who specialises in flight accident claims.
Remember, most cases can be funded on a No Win No Fee basis, so you won’t face financial risk in pursuing justice.
Your journey may have been disrupted by an accident, but by making a claim, you can gain the compensation needed to move forward and regain peace of mind.
