Austin Personal Injury Blog

The Montreal Convention & Airline Liability

Posted By The Stewart Law Firm, PLLC || 16-Aug-2018

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 experienced 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 following:

  • 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.

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