Tennessee Injury Law Center
Following the Delta airlines crash at the Toronto airport last week, Delta has reportedly offered all passengers $30,000 “no strings attached and it does not affect rights”. Offers like this are rare and they raise a lot of questions such as: Is this an admission of liability by Delta? Can the passengers still pursue legal action against Delta? Was Delta required by aviation law to make this offer or is it a gesture of good will? Read on for some answers.
The Montreal Convention, an international treaty signed by both Canada and the United States, contains provisions for this type of situation. If a passenger is killed in an aviation accident, the airline must make an advance payment of roughly $20,000. If a passenger is merely injured, the amount of the advance payment is at the discretion of the airline but generally it should be sufficient to cover their immediate economic needs (medical care, a hotel room, food, etc.). In short, the Montreal Convention required Delta to make some form of compensation, but given the size of the offer, it leans more into the goodwill category.
Under the treaty, these advance payments are not considered an admission of liability by Delta, and passengers can still pursue legal action. Of course, like any legal action, the passengers must prove Delta was negligent, the negligence caused their injuries and the nature and extent of their injuries, which could be physical, emotional, or both.
In the context of a plane crash, survivors could have very real emotional injuries. In an interview with one passenger immediately after the crash, the passenger said that he thought he was going to die. Passengers may require therapy or medication to recover from the emotional injuries, and the emotional injuries themselves could cause other injuries, primarily economic ones.
For example, let’s assume a passenger on the Delta flight frequently traveled by plane for work. As a result of the crash, the passenger now has a debilitating fear of flying and is unable to do it. If the passenger must quit his job or take a position that does not require flying, at a decreased rate of pay and benefits, those economic damages could be recoverable from Delta.
A word of caution: before accepting any payment or signing any document after a plane accident, car accident or accident of any type, be sure you understand every word of the document and know your legal rights. If you sign the document or if you cash the check (which sometimes have legal language on them), you may irrevocably alter your legal rights and options. It makes sense to talk with an experienced personal injury lawyer before signing any legal document in any situation involving personal injury or wrongful death.
At the Law Offices of John Day, we offer a free, no-obligation consultation so that you can understand your legal rights, ask questions and obtain some clarity on the issues. If we think we can help and you decide to hire us, our award-winning lawyers handle all accident cases on a contingency basis so we only get paid if we recover money for you. Truly, this is a situation of “better safe than sorry”. Talk to a lawyer before making a mistake that could cost you.
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