Can I claim foot injury compensation if the accident occurred on an airplane? A suitcase fell out of the luggage compartment while we were airborne, breaking my foot — however I am unaware of how to claim compensation?
You will be able to claim foot injury compensation if the accident occurred on an airplane — however the procedure to make a claim will be different. If you are travelling to or from a country which has ratified the Montreal Convention, it is not necessary to prove that the airline with whom you were flying was liable for your injury — merely that an injury occurred while you were on the plane.
This proof to claim foot injury compensation can be established through the medical records which detail your injury, and in addition to the medical treatment you receive upon landing in your country of destination, you are advised to visit a hospital or family doctor upon returning home also. The testimony of fellow passengers who witnessed your accident and injury can also be used, as can the verification of the cabin staff who offered you assistance shortly after the accident occurred.
The compensation to which you may be entitled can depend upon various factors such as the pain and suffering which was endured, any deterioration you have suffered in your quality of life because of your injury and the cost of alternative flights if you have had to lengthen or shorten the time spent in the country of destination because of your injury. There is also the fact that the amount of compensation you can claim and the rules for doing so may depend upon the country in which you make your claim. This may be the country of departure, arrival or in which the airline is based.
Before initiating a claim to compensation, you are advised to consult with a personal injury* solicitor. This is in order to determine the manner in which to approach your claim to compensation, ensure that contributory negligence will not affect your claim and to establish the amount of compensation to which you may be eligible. This will be particularly useful if the airline encourages you to accept an offer of compensation that is lower than what you are entitled to. However a time limit of two years exists under the Montreal Convention in which to make a claim, and because of this you are advised to consult a personal injury* solicitor at the earliest convenience if you believe you are entitled to foot injury compensation for an injury on a plane.