January 31, 2023
Healthcare law – a year in review.
Over the course of the last year, there have been many interesting judgements in the High Court and the Court of Appeal in relation to healthcare and personal injury law....
If you or a loved one has been injured during air travel, you may be able to bring a claim against the airline involved. The process for bringing a claim will differ depending on whether you were injured while travelling with an airline registered within or outside the EU; although these are broadly very similar.
At Lavelle Partners, we have successfully been managing airline injury claims for over three decades, and have the experience to be able to represent you and your family. We will take the time to listen to the details of your case, and advise if you will be able to seek recourse for your pain, suffering, and losses.
If you were injured while travelling with an EU based airline, you might be eligible to bring a claim under EU Regulation 889/2002. These regulations brought the EU in line with the internationally recognised Montreal Convention (see below). This set of regulations places a legal requirement on EU airlines to ensure they are adequately insured, and to provide information to passengers relating to liability rules. It also requires airlines to make advanced payments to victims of injury if hardship has been established; however, this does not necessarily constitute an admission of liability.
There is no limit on the amount of payment to be made in relation to an injury or death while travelling with an EU airline; however, above a set amount, the airline can contest negligence. This means that up to this threshold, the airline has strict liability.
Those injured while travelling with a non-EU registered airline can bring a claim under the Montreal Convention (1999), also referred to as the ‘Convention for the Unification of Certain Rules for International Carriage by Air’. The Montreal Convention ensures that any passenger injured on an international airline can bring a claim relating to death and injury. Like the EU regulations, the Montreal Convention imposes no limits on claims and allows for advanced payments to be made.
You may be able to bring a claim under EU Regulation 889/2002 or the Montreal Convention if you have suffered an injury due to:
Claims following an airline injury due to negligence may cover two areas of loss:
The costs you receive will be based on the precise injuries suffered and the circumstances of the case.
By allowing us to handle your claim on your behalf, you can focus on what is most important, your recovery and care, or that of your family member or loved one.
For further information on making a claim for an airline injury within or outside the EU, please contact Lavelle Partners in confidence on (01) 644 5800 or email Avril Scally at email@example.com
Contact our office
Make an enquiry