Professional demand letter generator for injuries caused by faulty seats, overhead bins, beverage carts, and turbulence. Includes guidance for both domestic flights and international travel under the Montreal Convention.
The legal framework depends on whether your flight was domestic or international. Here's what you need to know.
Examples: Los Angeles to New York, Honolulu to Dallas, Chicago to Miami
Domestic flights are governed by state tort law with a common carrier overlay. Airlines owe passengers the "highest degree of care practicable" consistent with air travel.
Examples: New York to London, Los Angeles to Tokyo, any flight with departure AND destination in different countries
The Montreal Convention of 1999 provides a uniform, exclusive regime for international air passenger injury claims.
| Factor | Domestic Flight | International Flight |
|---|---|---|
| Governing Law | State tort law + common carrier duty | Montreal Convention (1999) |
| Standard of Care | Highest degree of care practicable | "Accident" external to passenger |
| Liability Threshold | Must prove airline negligence | Strict liability up to ~$200K; negligence above |
| Statute of Limitations | 2-3 years (state dependent) | Strict 2 years from arrival |
| Damages Cap | None (full compensatory) | 151,880 SDR for strict liability tier |
| Mental Distress Only | May be available under state law | NOT recoverable without bodily injury (Floyd) |
| Key Cases | State negligence precedents | Air France v. Saks, Olympic v. Husain |
Under the Montreal Convention, the injury must result from an "unexpected or unusual event external to the passenger."
For domestic flights, airlines are held to an elevated standard of care as common carriers.
Unlike ordinary businesses, airlines must:
Key Point: This heightened duty makes it easier to establish breach compared to ordinary negligence cases.
Document everything thoroughly to strengthen your claim. Here's what you need.
Airlines may dispose of evidence if you don't act quickly. Your demand letter should request preservation of:
Understanding the claims process helps you set realistic expectations and make informed decisions.
Disclaimer: Every case is different. These ranges are for general reference only.
| Injury Severity | Examples | Typical Range |
|---|---|---|
| Minor | Bruises, minor cuts, soft tissue, resolves in days/weeks | $500 - $5,000 |
| Moderate | Sprains, minor fractures, requires medical treatment | $5,000 - $25,000 |
| Serious | Fractures requiring surgery, significant recovery time | $25,000 - $100,000 |
| Severe | Multiple injuries, long-term impairment, extensive treatment | $100,000 - $500,000+ |
| Catastrophic | Permanent disability, TBI, paralysis, death | $500,000 - Multi-million |
Get professional guidance on your airline injury case.