Air Travel Compensation Claims
If you have suffered personal injury whilst travelling on an international flight or whilst in the process of boarding or disembarking from the flight, any compensation claim is likely to be covered by the Montreal Convention or in some circumstances, the Warsaw Convention.
Where these Conventions apply they replace domestic law and the rules governing each Convention determine the basis upon which any compensation will be paid. The Montreal Convention is the most commonly used. It applies to international carriage by air and provides that compensation claims for personal injury and death whilst on board an aeroplane can usually be brought in the country most favourable to the injured passenger.
Under the terms of the Montreal Convention the time limit for lodging a personal injury claim at Court is restricted to 2 years. In addition unlike many other personal injury claims, the Court does not have any discretion to extend this period.
It is not necessary to establish that anyone was at fault in order to bring a valid claim for personal injury compensation under the terms of the Montreal Convention. Instead under Article 17 it is simply necessary to establish that you have sustained injury as a result of an ‘accident’ as defined by the Convention. Where an accident has occurred within the definition of the Convention the air line operator will be obliged to pay compensation up to a maximum level.
Accidents that occur whilst boarding and disembarking from the aeroplane will also be covered by the convention. This means the claim must be brought against the airline even if the accident arose through the negligence of a third party such as a member of the airport staff.
If you have suffered an accident whilst travelling on an international flight contact Sintons now. One of our personal injury specialists will be happy to advice you on the prospects of pursuing a claim for compensation.
All personal injury claims are pursued on a No Win No Fee basis so you can rest assured that there is no financial risk.
To begin a personal injury compensation claim or obtain further advice with no obligation contact Sintons 24/7.
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