Statistically, traveling by airplane is the safest method of transportation
available. In fact, there has even been a notable decline in the number
of airplane accidents that occur annually. This is due, in part, to airline
companies utilizing state-of-the-art and strictly enforcing standard safety
practices. However, when a fatal accident does occur, it usually results
in catastrophic injuries and fatalities.
But what happens if you’re injured on an international flight? In
most cases, your right to compensation falls under The Montreal Convention.
The Montreal Convention, formerly “The Convention for the Unification
of Certain Rules for International Carriage by Air,” is a multilateral
treaty that protects airplane passengers by enforcing a two-tier liability
system. Essentially, this treaty holds the airline company accountable
for any injuries or fatalities that occur during an overseas flight.
Filing a Claim
Most airplane accidents are caused by human error and negligence. If you
want to file a claim, it’s important to retain the services of an
airplane accident attorney who can evaluate the accident and help you establish which negligent parties
are at fault.
Under The Montreal Convention, your legal team must be able to prove the
- An accident is responsible for the injury or fatality
- The accident occurred on the aircraft, or during the embarking or disembarking process
The two-tiered liability system guarantees that an airline company is automatically
responsible for proven damages up to 113,100 SDR, or $170,000. If you
wish to pursue damages exceeding this amount, the airline company can
legally argue that they are not responsible for your injury, or that a
third party is liable.
If your claim is successful, you may be awarded the following damages:
- Lost wages and income
- Medical expenses
- Pain and suffering
- Physical and mental therapy
In most situations, plaintiffs are successful in recovering damages from
airline companies. Even if the evidence is in question, it’s ultimately
easier for an airline company to settle a claim.
Retain Legal Representation
Contact The Stewart Law Firm, PLLC if you’ve been injury or lost
a loved one in an airplane accident. Our Austin airplane accident attorneys
can help you pursue justice and recover necessary damages. We can examine
your case and develop a strategy that proves the negligence of the airline
company. With our guidance, you can hold the airline company accountable
and prevent similar negligence from occurring again.
We’re available 24/7. Contact The Stewart Law Firm, PLLC
at (512) 271-5112 to schedule a free case evaluation.