Yes, if you’ve been injured on a flight, you may be able to file an airplane injury lawsuit, depending on the circumstances. Whether due to turbulence, luggage falling from overhead bins, slips in the cabin, or other incidents, airlines can be held liable for injuries if negligence is proven.
Keep reading to learn your options for filing a lawsuit, then call our Florida aviation accident lawyers at (561) 655-1990.
When are airlines liable for injuries?
Airlines can be held liable for injuries under certain circumstances, primarily when negligence or failure to adhere to safety regulations is involved. Some key situations include:
- Turbulence: If the crew failed to warn passengers or secure the cabin when turbulence was foreseeable, the airline may be responsible for resulting injuries.
- Faulty equipment: Mechanical issues, such as malfunctioning seats or overhead bins, that result in injury may lead to liability.
- Slips, trips, or falls: Airlines are responsible for keeping the cabin safe and promptly addressing spills or hazards.
- Inadequate safety instructions: If passengers are not properly instructed on safety protocols or if a crew member’s negligence exacerbates an injury, the airline may be held accountable.
- Improper service: Serving scalding hot beverages without adequate precautions or mishandling food or drink could also result in liability.
Airlines operate under international treaties like the Warsaw Convention and Montreal Convention, which establish rules and liability limits for injuries sustained during flights, but negligence can override these protections in some cases. Contacting an experienced attorney can help determine when and how to pursue an injury claim against an airline.
In Florida, filing a claim must adhere to the statutes of limitations set by Florida Statute § 95.11, which typically provides a four-year limit for personal injury lawsuits.
Immediate steps after an airplane injury
- Seek medical attention: Always inform the flight crew immediately if you’re hurt during the flight.
- Document the injury: Take photos, and if possible, ask for contact information from any witnesses.
- File a report with the airline: Ask for an incident report to document what happened.
Jurisdictional issues
Jurisdiction can become complicated for international flights. You may need to file a claim in the country where the airline is based or where the flight landed.
Time limit to file
In Florida, claims must follow Florida Statute § 95.11, which provides a two-year statute of limitations for personal injury cases.
Compensation in airline injury claims
In an airplane injury claim, the compensation you can receive depends on the injury’s severity and the incident’s circumstances. Typically, you may be entitled to the following types of compensation:
- Medical expenses: This includes all costs related to hospital visits, medications, rehabilitation, and any future medical care associated with the injury.
- Lost wages: If the injury prevents you from working, you may be compensated for lost income and reduced earning capacity if the injury impacts your long-term ability to work.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury. This type of damage is often subjective and varies case by case.
- Disability and disfigurement: If the injury results in permanent disability or disfigurement, you can receive compensation for the impact on your quality of life.
- Loss of consortium: In cases where the injury affects personal relationships, such as the relationship with a spouse, you might be entitled to damages for loss of companionship or support.
- Out-of-pocket expenses: Any additional costs incurred due to the injury, such as travel expenses to medical appointments or home modifications needed to accommodate a disability.
The compensation you can receive will depend on proving the airline’s negligence, and your attorney will help you determine the value of your claim based on these factors.
We’re here to make the process as smooth as possible
Filing an airplane injury lawsuit can be complex. Lytal, Reiter, Smith, Ivey & Fronrath specialize in handling these cases and can navigate the intricacies of airline liability, documentation, and jurisdiction to help you seek compensation for your injuries. Contact our firm for expert guidance on your potential claim.
