If your injury happened on board an aircraft or while you were embarking or disembarking for an international flight (even a connecting domestic leg), your case will almost certainly be governed by the Montreal Convention. This international treaty creates a unique set of rules that drastically changes how we pursue compensation against an airline compared to a standard personal injury case.
As your injury lawyer, understanding the Convention is critical because it preempts most local personal injury laws. Here is a summary of what this means for you:
1. What Triggers the Convention?
The Convention applies if:
* Your travel involves a flight originating in one signatory country and landing in another, OR
* There is an agreed-upon stopping place in a different country, even if your origin and destination are the same.
Crucially, the injury must be caused by an “accident.” This is typically interpreted as an unusual, unexpected event external to the passenger (e.g., severe, unexpected turbulence; falling overhead bin contents; an aggressive passenger incident). Internal bodily reactions to normal flight events (like ear pain from cabin pressure changes) are generally not covered.
2. The Two-Tier Liability System (The Key to Your Claim)
The Convention establishes a strict framework for airline liability, designed to offer passengers some guaranteed compensation while limiting airline exposure.
| Liability Tier | Coverage Amount (Approximate) | Requirement for Recovery |
| Tier One: Strict Liability | Up to 151,880 Special Drawing Rights (SDRs) (Approx. $$$206,500 USD, fluctuates) | You do not have to prove the airline was negligent. You only need to prove an “accident” caused your bodily injury while boarding, on the plane, or disembarking. |
| Tier Two: Negligence Required | Damages above the Tier One limit. | You must prove that the airline (or its employees) was negligent or wrongfully acted or failed to act, and that this negligence caused your damages. |
What this means for you: If your damages (medical bills, lost wages, etc.) are under the Tier One limit, we have a much stronger, faster path to recovery because the burden of proof is shifted away from you. For damages exceeding that limit, we must aggressively prove the airline’s fault.
3. Types of Recoverable Damages
The Convention is primarily focused on bodily injury.
* Recoverable: Medical bills (past and future), lost earnings, and other direct financial losses resulting from a physical injury.
* Generally NOT Recoverable: Purely emotional distress, mental anguish (like fear of flying), or punitive damages intended to punish the airline. You must have a physical injury to recover under the Convention.
4. Statute of Limitations
You must act quickly. Generally, any legal action under the Montreal Convention must be brought within two years from the date of arrival (or the date the aircraft ought to have arrived).
Why Hire Me for Your Convention Claim?
A lawyer who doesn’t specialize in the Montreal Convention might miss these crucial details, costing you recovery. My expertise ensures:
* Correct Identification of “Accident”: I know the case law to argue your specific event qualifies as an “accident” under Article 17.
* Maximizing Tier Two Recovery: If your injuries are severe, I am prepared to conduct the necessary deep investigation to prove airline negligence to unlock compensation above the strict liability cap.
* Accurate Currency Conversion: I ensure your claim value is correctly calculated using the fluctuating Special Drawing Rights (SDRs).
If your international flight injury involves a bodily injury, let me manage the complexities of the Montreal Convention so you can focus solely on your recovery.
Call, email, or text my office today for your free, personalized case assessment.