What should I do if another passeger on an airline dropped baggage on me and I was injured?

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What should I do if another passeger on an airline dropped baggage on me and I was injured?

I was on a flight 2 weeks ago sitting in my seat when a passenger who was sitting a few rows behind me tried to put a 40 lb + suitcase in the over head compartment. However, it fell on my head. Many passengers saw this and a steward as well. I asked them to make a report. The flight staff put ice on my head and moved me off the plane themselves after Itold them that I did not feel well. When the emergency crew came they said that they were not supposed to move me themselves. I have headaches and back/neck shoulder pain. I also had sciatica before this happened which hurts more. Should I speak with a personal injury attorney? In Oakland, CA.

Asked on September 27, 2010 under Personal Injury, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should contact the insurance carrier for the airline.  When you complete your medical treatment and are released by the doctor, obtain your medical bills and medical reports.  The medical reports will document the nature and extent of your injuries and will determine the amount of compensation you receive for pain and suffering.  Compensation for pain and suffering is an amount in addition to your medical bills.  The claim you file with the airline's insurance carrier should include your medical bills, compensation for pain and suffering, and any wage loss.  Compensation for your medical bills and wage loss is straight reimbursement.  If you are dissatisfied with settlement offers from the airline's insurance carrier, you can file a lawsuit for negligence against the airline and the passenger who caused your injury.  You will need to file your lawsuit prior to the expiration of the statute of limitations or you will lose your rights forever in the matter.  It would be advisable to speak with a personal injury attorney.


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