How Are International Aviation Accidents Handled?

When an aviation accident occurs outside of US borders, it can present challenges for victims and families seeking compensation for their losses. Individuals involved in an international aviation accident may seek to find an attorney in the country they were in or going to at the time the incident occurred. However, this can present significant complications. In general, victims should find a Houston aviation accident attorney with experience handling these incidents.

Handling the Claim With a US-Based Attorney

Trying to find a lawyer in a foreign country to handle your aviation accident is typically not feasible and also not necessary. Most airlines have headquarters in the US, making it perfectly acceptable to hire an attorney in your area to handle a major international airline claim.

What is the Montreal Convention?

Officially called the Convention for the Unification of Certain Rules for International Carriage by Air, the Montreal Convention is a treaty adopted in 1999 that sets the framework for international airline passenger rights. This includes passengers’ ability to recover financial compensation in the event an accident or injury occurs.

Airlines are held strictly liable for damages under a specified amount (around $175,000). Under this strict liability system, airlines generally will pay out up to this amount of compensation for injuries that occur within their airline or facilities, and victims do not have to prove that the airline was negligent.

For damages that rise above the specified amount, individuals have to file a lawsuit directly against the airline and prove that the airline was negligent in some way in order to recover additional compensation.

Is There a Time Limit for Filing an International Aviation Accident Claim?

Yes, individuals must remain cognizant of the deadline set forth under the Montreal Convention. Under the treaty, claims must be filed within two years after the date the incident occurs. If a claim is filed outside of this time frame, it will likely get dismissed by the court on record.

Types of Compensation That Could Be Available?

When an international aviation accident occurs, securing compensation may be possible for both economic and non-economic damages. Economic losses are those that are relatively calculable by using receipts or bills the victim receives after the incident occurs. Non-economic damages revolve around more immeasurable losses, such as a victim’s pain and suffering. Some of the different types of compensation recoverable through a successful international aviation claim include:

• All medical-related expenses incurred from the incident, now and anticipated in the future
• Physical and emotional distress experienced due to the event
• Earnings lost during recovery
• Decreased life enjoyment due to temporary or permanent impairments
• Miscellaneous out-of-pocket expenses related to the incident

Speak to an Attorney Today

If you or a loved one have been personally affected by an international aviation accident, reach out to an attorney with experience handling these types of claims. At the Doan Law Firm, our aviation accident lawyers can offer a free consultation of your claim to help determine the best steps moving forward for your situation. We want what is best for you and your family, so give us a call today.