Air accident claims

Air travel is in most cases the fastest way to arrive at a long distance destination. It also demonstrates an excellent safety record which is expected to improve still further as we see new advances in technology and pilot training. When accidents do occur, however, our lawyers are on hand to offer expert advice and to ensure you receive the best possible support.

We can provide specialist guidance both in cases where your compensation claim involves a serious incident and for those who sustain more minor injuries, either during a flight or at an airport. In addition to commercial airlines, we are able to assist passengers of private jets, light aircraft and helicopters. Our in-depth understanding of the aviation sector means that we are equipped to secure significant financial settlements and deliver a personalised service tailored to individual needs.

Aviation claims against tour operators and airline companies are usually governed by the Montreal Convention which applies to international carriages. Under its terms, you may be entitled to compensation without needing to prove fault or negligence if you have an accident while on an aircraft, or in the process of embarkation or disembarkation. An 'accident' is defined as ‘an unexpected and/or unusual event or happening which is external to the passenger’. A recent decision from the Court of Justice of the European Union held that claimants can also recover damages for psychiatric injury under the Convention. It remains to be seen if the courts of England and Wales will adopt the same approach for these types of claims.  

The Montreal Convention imposes strict liability on airlines up to a cap of 113,100 SDRs (approximately £110,000). If the airline can prove it was not responsible for the accident, or that it was caused by a third party, it may be able to avoid paying further compensation over that ceiling.

The convention only applies to countries which are signatories to it. If your claim is not governed by this legislation, we will be able to advise on the best approach to follow, drawing on our comprehensive knowledge of international travel law.

We provide free initial advice without obligation. This can include guidance over the telephone, a visit from one of our specialist solicitors or a review of your documents. We offer various forms of funding, including no win no fee (conditional fee) agreements. Our team aims to ensure that you receive maximum compensation while minimising the legal costs involved.