Air travel has become a normal part of life. Whether you fly for work, holidays, or to visit family abroad, most flights are safe and trouble-free. But sometimes things do not go as planned. If you are injured during a flight, or while boarding or getting off the plane, you may have the right to claim compensation. This is known as an air accident claim.
In this guide, we will explain how you can sue for an air accident claim, what laws apply, what you may be able to claim for, and what steps you should take. By the end, you will have a clear idea of your rights and the process involved.
What is an air accident claim?
An air accident claim is a legal process where you seek compensation for an injury that happened while you were:
- On board the aircraft,
- Boarding the plane, or
- Disembarking from the plane.
The injury must have been caused by an accident. In this context, an accident means an unexpected or unusual event that was not caused by you. For example, if luggage falls on your head from an overhead locker, that is an accident. If you spill hot tea on yourself, it may not count, but if a member of staff spills it on you, it is an accident.
Laws that cover air accident claims
When you sue for an air accident claim, the rules that apply will depend on the type of flight and the circumstances.
The Montreal Convention 1999
The Montreal Convention is an international treaty signed by many countries, including the UK. It sets out the rules for compensation when passengers are injured on international flights.
Key points about the Montreal Convention are:
- It applies if your flight was between two countries that are part of the treaty.
- You do not need to prove that the airline was negligent. Instead, you only need to show that an accident occurred and it caused your injury.
- The time limit to make a claim under the Montreal Convention is two years from the date of the accident.
Domestic UK flights
If you were injured on a domestic flight within the UK, the Montreal Convention does not apply. However, you can still claim under UK personal injury law. In this case, you will need to prove negligence – for example, that the airline or staff failed to take reasonable care. The time limit in the UK for personal injury claims is usually three years.
Am I eligible to sue for an air accident claim?
You may be eligible if:
- You had an accident during a flight, or while boarding or leaving the plane.
- The accident caused you physical or psychological injury.
- You start your claim within the relevant time limit (two years under the Montreal Convention or three years under UK law).
You do not always have to prove negligence if your claim falls under the Montreal Convention, but you must show evidence of the accident and the injury.
Common causes of air accident injuries
Accidents during flights can happen in many different ways. Some of the most common examples include:
- Falling luggage – Items falling from overhead lockers and hitting passengers.
- Burns and scalds – Hot drinks or food being spilt during service.
- Trolley accidents – Injury caused by heavy catering trolleys striking passengers.
- Slips, trips and falls – Spills, uneven flooring or sudden turbulence leading to falls.
- Defective seats or equipment – Broken seat mechanisms or faulty seatbelts causing injury.
- Turbulence – Unexpected turbulence throwing passengers around the cabin.
- Allergic reactions – Food served without proper labelling or despite warnings about allergies.
- Runway collisions or accidents – Rare, but may include collisions with vehicles, equipment, or other planes while taxiing.
- Passenger assaults – If you are assaulted by another passenger and the airline failed to act, you may also be able to claim.
Common injuries in air accident claims
The injuries from an air accident can range from minor to life-changing. Some examples are:
- Head injuries, including concussions.
- Neck and back injuries.
- Broken bones and fractures.
- Cuts and lacerations.
- Burns and scalds.
- Food poisoning or allergic reactions.
- Soft tissue injuries such as sprains or bruising.
- Psychological harm such as anxiety or post-traumatic stress.
The severity of your injury will affect the amount of compensation you may receive.
What compensation can you claim?
When you sue for an air accident claim, compensation usually falls into two main categories:
General damages
These cover the pain, suffering and loss of amenity caused by your injuries. The amount depends on:
- The type of injury,
- How severe it is, and
- How long it takes you to recover.
For example, a minor burn might attract compensation of a few thousand pounds, whereas a serious fracture or permanent disability could lead to much larger awards.
Special damages
These cover the financial impact of your accident. You may be able to claim for:
- Loss of earnings if you needed time off work,
- Future loss of income if you cannot return to work,
- Medical expenses such as physiotherapy or private treatment,
- Travel costs related to your injury,
- Care costs if you need help from a carer,
- The cost of damaged personal items, such as luggage or clothing.
In serious cases, claims may also include the cost of mobility aids or home adaptations.
How much compensation could you receive?
It is impossible to say exactly how much you will receive until your case is assessed. However, here are some examples of guideline amounts from previous claims:
- Loss of index finger – up to around £17,500.
- Severe fracture to finger – up to around £34,000.
- Full amputation of a toe – between £29,000 and £52,000.
- Moderate foot injury – up to around £23,000.
- Serious foot injury – between £23,000 and £65,000.
- Very severe foot injury – up to around £102,000.
- Amputation of foot – up to around £189,000.
These figures are only examples. The exact amount depends on your injury, the effect on your life, and your financial losses.
Evidence you will need
To succeed in an air accident claim, evidence is very important. You should try to gather:
- Photographs of the accident scene or the cause (for example, a broken seat or spilled drink).
- Medical records showing the nature of your injury. Always seek medical treatment after an accident.
- Witness statements from other passengers or staff.
- Accident reports – report the incident to cabin crew and ask for a copy.
- Video recordings if anyone recorded the accident.
- Receipts and bills for expenses such as medical treatment or travel.
The stronger your evidence, the more likely you are to win your case.
Step-by-step: How to sue for an air accident claim
Here is a simple outline of the process:
- Seek medical help – Your health comes first. Get treatment and keep medical records.
- Report the accident – Inform cabin crew or airline staff, and get a copy of the accident report.
- Gather evidence – Take photos, keep receipts, and note down witness details.
- Check the time limit – Remember you usually have two years under the Montreal Convention or three years under UK law.
- Get legal advice – A solicitor experienced in aviation claims can guide you through the process.
- Start your claim – Your solicitor will notify the airline or tour operator and begin negotiations.
- Settlement or court – Many cases are settled out of court. If not, the case may go to court where a judge decides the outcome.
Why legal advice is important
Air accident claims can be complex because they may involve international laws, different time limits, and large airlines with powerful insurers. Having a solicitor with experience in aviation claims can make the process much easier. They will understand the legal rules, gather the right evidence, and argue for the highest possible compensation on your behalf.
Time limits in summary
- 2 years – for international flights under the Montreal Convention.
- 3 years – for claims under UK personal injury law, such as against a holiday company.
Missing the deadline could mean losing your right to claim, so it is important to act as soon as possible.
Final thoughts
Being injured on a flight can be frightening and stressful. It can turn a holiday or work trip into a painful experience and leave you with medical bills, lost income, and ongoing health problems. The law recognises this and gives you the right to seek compensation through an air accident claim.
If you are wondering how to sue for an air accident claim, the key is to act quickly, collect as much evidence as possible, and get professional advice. By doing so, you give yourself the best chance of being properly compensated for what you have been through.