When are victims of air travel injuries eligible to make an injury claim in BC?
If you were injured in an air travel accident, whether it be during the flight or at the airport, you may be eligible for compensation. Due to the frequent traffic and precise scheduling of the airline industry, accidents can be more common than you might expect. Air transportation accidents can be due to heavy turbulence or even hot coffee spills in-flight. Passengers are always susceptible to minor and major injuries while flying.
There are two main categories of air traveler injury claims. The first being a domestic flight, flying from Canada to Canada. The other case is an international flight either flying to Canada or from Canada. Each of these are handled differently in the Canadian legal system and in both scenarios, the injured passenger is eligible to file a claim. A significant difference between these is that in the international case, under the Montreal Convention, the claimant must have been physically injured. For a domestic flight accident claim, the injured air traveler must prove negligence on behalf of the airline or the airport authorities to be successful and eligible for compensation. During an international flight, the claimant can file a claim without proving negligence on the airline.
A misconception that people may have is that air transportation accident claims are only for accidents that occurred while in flight. Airlines can be held responsible during both the embarking and disembarking of the plane. Any injury sustained at the airport, not during the boarding process of the plane would likely be an injury claim for the airport authorities rather than the airline directly.
Money compensation is the legal remedy available after a successful air traveler injury claim. The specific amount is dependent on the case’s circumstances. For an international accident, where the injured passenger cannot prove negligence, the compensation value is capped at 128,821 Special Drawing Rights or approximately $234,400.00 CAD. The other air-related injury claims do not have a specific maximum.
To ensure the highest probability of success, we strongly recommend acting as soon as possible. Victims of air travel injuries have up to two years to begin legal action. If this is your first time being involved in a legal dispute, we know that it can be overwhelming to begin a legal claim. We’re confident that we can help make the process as seamless as it possibly can be. If you or someone you know was injured either on an airplane or while embarking/disembarking, we encourage you to call League and Williams for our expert opinion and free legal consultation. We will ensure you receive the compensation you deserve.
If you have a question about this topic or another legal issue, contact us for a free legal consultation. Reach us at 250-888-0002, or via email at info@leaguelaw.com.