Do I have a case if I was injured on airplane?
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Do I have a case if I was injured on airplane?
The overhead bin started opening during take off, so I jumped up to hold it up to try and make sure that it didn’t completely open. In the process I pulled my back really bad.
Asked on May 3, 2018 under Personal Injury, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Prior to filing a lawsuit against the airline for negligence, it may be possible to settle the case with the airline's insurance carrier.
If you don't receive a response from the airline's insurance carrier to the letter you sent to the airline, notify the airline's insurance carrier in writing of your personal injury claim. You can obtain the insurance carrier information from the airline.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the airline's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled with the airline's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the airline's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the airline.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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