Clear Air Turbulence and Clear Legal Rights: A Look at Montreal Convention Injury Claims

The Montreal Convention 1999 (MC99) establishes international rules for airline liability. It outlines an airline’s financial responsibility for passenger injuries or death. It also outlines responsibility for delayed flights, as well as delayed, damaged, or lost baggage and cargo.

You can file a Montreal Convention claim if you sustained an injury on a flight. You can also file if you incurred expenses due to delays, or the airline lost or damaged your bags. However, getting fair compensation from the airline can be challenging. A Pittsburgh personal injury lawyer can assist with your aviation injury case.

What Are the Terms of the Montreal Convention?

The Montreal Convention is an international treaty. It applies to airlines in countries that have ratified the agreement, including the United States. The Montreal Convention does the following for passengers:

  • Removes arbitrary limits on the amount of compensation passengers can recover for injuries or death
  • Imposes liability (i.e., responsibility) on the airlines for damages (i.e., financial losses)
  • Establishes compensation limits
  • Allows for the expansion of the jurisdiction for personal injury or wrongful death claims to the passenger’s homeland

Compensation You Can Recover with a Montreal Convention Claim

Passengers who suffer injuries on an international flight have the right to file a Montreal Convention claim as long as the airline’s country is a party to the treaty.

The limits for Montreal Convention claims increased on December 28, 2024. The amounts are in Special Drawing Rights (SDRs), a unit determined by the International Monetary Fund. One SDR equals around $1.30 in U.S. currency.

According to the International Civil Aviation Organization (ICAO), the new limits are as follows:

  • 151,880 SDRs for bodily injury or death (around $202,500)
  • 6,303 SDRs for flight delays (around $8,400)
  • 1,519 SDRs for delayed, damaged, destroyed, or lost baggage (around $2,000)
  • 26 SDRs per kilogram for delayed, damaged, destroyed, or lost cargo (around $35)

How to File a Montreal Convention Claim

The ICOA reports that 140 countries or “State Parties” are now part of the Montreal Convention treaty. You can file a Montreal Convention claim if you sustained an injury or incurred financial damages related to flight delays or your baggage. The airline must be operated by a company from a member country. 

You should file your claim with the liable airline immediately. Be prepared to meet with opposition. The airline will likely attempt to pay as little for your losses as possible. You may need to enter into negotiations with the airline’s lawyers or insurers. If you cannot secure fair compensation, legal action may be necessary. This process can be complex, especially when dealing with an airline outside your home country. It can benefit you to work with a personal injury lawyer with experience in aviation law.

Contact Ainsman Levine, LLC, Today

Ainsman Levine, LLC, can manage your Montreal Convention claim. We have years of knowledge and experience advocating for clients in Pittsburgh. Contact us online or call today to learn more about how we can fight for you. Get started by reaching out for a free initial consultation.