Flying has become a staple of modern travel, offering convenience and efficiency for millions of passengers worldwide. However, amidst the allure of jet-setting to new and exciting places, there exists a less glamorous reality: injuries sustained during air travel.
Don’t let this alarm you. Sustaining an injury is rare. The International Air Transport Association (IATA) 2022 report revealed that there were 5 fatal accidents among 32.2 million flights or .000016% last year. For an accident of any kind, there was 1 accident for every 0.83 million flights. While this is rare, if you were one of the very few who were injured on a flight, understanding the process for filing a compensation claim is important.
Understanding Your Rights as a Passenger
Overview of Passenger Rights and Responsibilities
As air travelers, passengers possess certain rights afforded to them by aviation laws and regulations. These rights encompass various aspects of the travel experience, including safety, comfort, and compensation in the event of injury.
Legal Obligations of Airlines to Compensate Passengers for Injuries
Airlines have a legal duty to ensure the safety and well-being of their passengers throughout their journey. From safety instructions designed to prevent injuries at the beginning of the flight to This duty extends to providing compensation for injuries sustained as a result of airline negligence or misconduct.
Different Types of Injuries Covered Under Compensation Claims
Compensation claims can encompass a wide range of injuries, from minor bruises and sprains to more severe trauma requiring medical attention. Understanding the scope of injuries covered under compensation claims is crucial for passengers seeking restitution for their suffering.
Documenting the Injury
Importance of Documenting the Injury and the Circumstances Surrounding It
Thorough documentation of the injury and the circumstances surrounding its occurrence serves as critical evidence in support of a compensation claim. Detailed records can substantiate the validity of the claim and bolster the passenger’s case against the airline.
Types of Evidence to Collect
Collecting various forms of evidence, such as medical records, witness statements, and photographs, can provide invaluable support for the compensation claim. These pieces of evidence help establish the nature and extent of the injury, as well as the conditions under which it occurred.
Keeping Records of Expenses Related to the Injury
In addition to documenting the injury itself, passengers should keep meticulous records of any expenses incurred as a result of the injury. This includes medical bills, transportation costs, and other related expenses, all of which may be eligible for reimbursement as part of the compensation claim.
Notifying the Airline
Steps to Take Immediately Following the Injury
In the immediate aftermath of an injury, passengers should take prompt action to notify the airline of the incident. This may involve alerting the flight crew or seeking assistance from airline personnel to address the injury and document the details of the incident.
How to Report the Incident to the Airline
Reporting the incident to the airline typically involves submitting a formal complaint or incident report detailing the circumstances of the injury. Passengers should ensure that their report is comprehensive and accurately reflects the nature and severity of the injury.
The U.S. Department of Transportation details what safety each passenger is owed and how passengers can submit a complaint – including what to state in a complaint. They also touch on who to talk to first and who to talk to next if a reasonable solution has not been attained.
Timelines for Reporting Injuries and Filing Claims
Airlines may impose specific timelines for reporting injuries and filing compensation claims, making it essential for passengers to adhere to these deadlines. Failure to report the injury or file the claim within the stipulated timeframe may jeopardize the passenger’s ability to seek compensation.
Initiating the Claim Process
Contacting the Airline’s Customer Service or Claims Department
Upon notifying the airline of the injury, passengers should initiate the claim process by contacting the airline’s customer service or claims department. This may involve submitting the necessary documentation and information to support the compensation claim.
Providing Necessary Documentation and Information
Passengers should be prepared to provide the airline with all relevant documentation and information about the injury. This includes medical records, witness statements, photographs, and any other evidence supporting the claim.
Understanding the Airline’s Procedures for Handling Injury Claims
Each airline may have its own procedures and protocols for handling injury claims, which passengers should familiarize themselves with. Understanding the airline’s process for evaluating and adjudicating compensation claims can help expedite the resolution of the claim.
The U.S. Department of Transportation rule requires that airlines acknowledge a written complaint within 30 days and send a substantive response within 60 days of receiving the complaint. Keep track of when your initial complaint was submitted and when you have or have not heard back from the airline.
Negotiating a Settlement
Working with the Airline’s Representatives to Reach a Fair Settlement
In many cases, airlines may offer passengers a settlement as compensation for their injuries. Passengers should work closely with the airline’s representatives to negotiate a fair and equitable settlement that adequately compensates them for their suffering.
Seeking Legal Advice if Necessary
In instances where negotiations with the airline prove challenging or unsuccessful, passengers may consider seeking legal advice from a qualified attorney specializing in aviation law. Legal counsel can provide invaluable guidance and representation throughout the settlement process.
Understanding the Terms of the Settlement Offer
Before accepting a settlement offer from the airline, passengers should carefully review and understand the terms of the offer. This includes assessing the adequacy of the compensation offered and considering any conditions or stipulations attached to the settlement. Once the settlement is accepted, it often cannot be negotiated later.
Pursuing Legal Action
When to Consider Legal Action Against the Airline
In cases where the airline refuses to offer a satisfactory settlement or disputes liability for the injury, passengers may need to consider pursuing legal action against the airline. Legal action may be warranted when other avenues for resolving the claim have been exhausted.
Overview of the Litigation Process for Airline Injury Claims
The litigation process for airline injury claims typically involves filing a lawsuit against the airline in a court of law. This process may entail various legal proceedings, including discovery, depositions, and trial, culminating in a judgment or settlement.
An attorney from Bryant Law Center, P.S.C., a personal injury firm in Paducah, KY stated that most injury claims are based on negligence. An example of this was the recent Alaska Airlines flight where a door plug was not properly secured and came off during take-off. The individuals impacted are suing the airline and the manufacturer for negligence.
Seeking Legal Representation and Filing a Lawsuit if Negotiations Fail
If a mutually desirable outcome is not achieved between the airline and the passenger(s), and the passenger(s) is contemplating legal action against the airline, they should seek legal representation from an experienced attorney with expertise in aviation law. Legal counsel can assess the merits of the case, navigate the complexities of the legal system, decide what claims can be brought up, and advocate on behalf of the passenger throughout the litigation process.
