Aviation Accident Claims — No Win, No Fee

Last reviewed: September 2026 · EA Personal Injury Solicitors

Passengers injured on board an aircraft or at the airport may be entitled to compensation. In-flight injury claims are usually governed by the Montreal Convention's strict liability regime, with a two-year time limit. If you were injured, you may be able to claim on a no win, no fee basis; a success fee may be deducted if the claim succeeds.

TL;DR — Quick Summary

Key Points

In-flight injuries are usually governed by the Montreal Convention, not ordinary negligence law
The airline can be strictly liable for a proven "accident" causing bodily injury
A distinct two-year time limit applies — shorter than the usual three years
Airport terminal accidents are instead treated as ordinary occupier's liability claims
No win, no fee — if the claim succeeds, a success fee may be deducted from your compensation

A Distinct Legal Framework

Claims for injuries suffered on board an aircraft, or while embarking or disembarking, are treated differently from most other personal injury claims. Rather than the ordinary law of negligence, they are usually governed by the Montreal Convention 1999, an international treaty given effect in UK law by the Carriage by Air Act 1961 (as amended). This creates a strict liability regime: the airline is liable for proven bodily injury caused by an "accident" during the flight, without the passenger needing to prove the airline was at fault, up to a defined compensation threshold. Above that threshold, the airline can escape liability for the excess only if it can show the damage was not due to its negligence, or was solely due to the negligence of a third party.

Common Causes of In-Flight Injury

Turbulence — passengers thrown from their seats or struck by falling objects during unexpected turbulence
Falling baggage — items falling from poorly secured overhead lockers
Catering trolleys and hot drinks — scalds and impact injuries during cabin service
Slips and trips — on aisles, steps or galley areas
Faulty seats or equipment — defective seatbelts, tray tables or emergency equipment
Injuries during boarding or disembarking — on air bridges, steps or the tarmac

Airport Terminal Accidents

Where an accident happens in the airport terminal itself — for example a slip on a wet floor at check-in, a trip in the departure lounge, or an incident on an escalator or travelator — this is generally treated as an ordinary occupier's liability claim against the airport operator or relevant contractor, following the same principles as other public liability claims, rather than falling under the Montreal Convention.

Time Limits Are Shorter Than Usual

Claims under the Montreal Convention are subject to a strict two-year limitation period running from the date of arrival, or the date the aircraft ought to have arrived. This is shorter than the standard three-year personal injury limitation period and is generally not capable of extension by the court, which makes it particularly important to seek advice as soon as possible after an in-flight injury. Claims against an airport operator for a terminal accident instead follow the ordinary three-year limitation period under the Limitation Act 1980.

Evidence in Aviation Accident Claims

An incident report completed with cabin crew or airport staff at the time
Photographs of the cause of the accident and your injuries
Boarding passes, flight details and booking confirmation
Contact details for any witnesses, including fellow passengers
Medical records, including any treatment received on arrival

What Compensation Can Cover

Compensation covers general damages for pain, suffering and loss of amenity, and special damages including lost earnings, medical treatment and rehabilitation, and any additional costs incurred as a result of the injury while travelling.

Typical Compensation Amounts

The figures below are indicative brackets for the injury itself (general damages), based on the Judicial College Guidelines used by courts and insurers in England and Wales. Financial losses such as lost earnings, treatment costs and care (special damages) are claimed in addition, and in serious cases often exceed the injury award.

Injury	Guideline bracket
Moderate neck/soft tissue injury (up to ~2 years)	c. £2,300–£12,900
Simple arm or wrist fracture	c. £6,000–£16,000
Moderate knee injury	c. £13,000–£26,000
Moderate back injury (good prognosis)	c. £12,000–£27,000

These brackets are a guide only — the value of your claim depends on the severity of your injury, your prognosis and your financial losses. We cannot promise or predict a specific outcome. See our full guide to compensation amounts or contact us for a free assessment of your claim.

No Win, No Fee Aviation Accident Claims

We act under a Conditional Fee Agreement. If your claim is unsuccessful, you pay nothing. If the claim succeeds, a success fee may be deducted from your compensation.

Frequently Asked Questions

What law applies if I am injured on a flight?

Claims for injuries occurring on board an aircraft, or during embarking or disembarking, are usually governed by the Montreal Convention 1999 (given effect in the UK by the Carriage by Air Act 1961, as amended), rather than ordinary negligence law. This provides a strict liability regime — the airline is liable for proven bodily injury caused by an "accident" without you needing to prove fault, up to a set threshold, though the airline can avoid liability above that threshold if it can show it was not negligent.

Does this cover turbulence injuries?

Often, yes — unexpected turbulence causing injury, for example where a passenger is thrown from their seat or struck by falling luggage, can amount to an "accident" for Montreal Convention purposes. Each case depends on its facts, including whether the seatbelt sign was on and any warnings given.

What about injuries from baggage falling from an overhead locker, or a trolley?

These are common causes of in-flight injury claims and can fall within the Montreal Convention regime, or be pursued as an ordinary negligence claim depending on the circumstances and where the incident occurred.

What if I was injured at the airport rather than on the aircraft?

Injuries in the terminal, at check-in, in the departure lounge or during transfer are generally treated as ordinary occupier's liability claims against the airport operator or relevant contractor, rather than falling under the Montreal Convention, which applies specifically to the carriage by air itself.

How long do I have to make an aviation accident claim?

Claims under the Montreal Convention are subject to a strict two-year time limit from the date of arrival, or the date the aircraft ought to have arrived — shorter than the usual three-year personal injury limitation period, and generally not capable of extension. Claims against an airport operator for a terminal accident instead follow the ordinary three-year limitation period. Because the applicable time limit depends on where and how the accident happened, it is important to seek advice promptly.

Does it matter which airline or which country the flight was in?

The Montreal Convention applies to international carriage between countries that are parties to it (which includes the UK), and UK domestic flights are covered by materially similar rules. We can advise on which regime applies to your specific journey.

Published by EA Personal Injury Solicitors

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Verify the firm and its regulated people on the SRA Register. General information only; this is not legal advice.