Co-Authored by Jamie Thornback.
It was only a matter of seconds between the moment passengers of Delta Air Lines Flight 4819 knew that something was wrong with their flight’s landing and the time their plane was engulfed in flames. But for some people who experienced this traumatic accident, these seconds may have felt like an eternity.
Our minds often recognize when an awful event is imminent, but still become almost paralysed as we struggle to process everything that is about to happen. Time appears to slow down or even stand still. Quite simply, we’re entering a state of shock.
How long this initial shock lasts varies greatly from person to person. But at some point, once we are out of immediate danger, once we start to understand the extent of our injuries, and once we take stock of what our next steps should be, our minds begin generating many questions that need answers.
In this blog post, we draw on our experience as airplane accident lawyers to ask and answer some questions that may be top of mind for passengers of Delta Air Lines Flight 4819 and their loved ones.
Am I entitled to compensation for my injuries?
Regardless of the cause of the accident, passengers are entitled to compensation from Delta for their losses up to approximately $200,000 USD (280,000 CAD). This is not a guaranteed amount: passengers will only recover an amount that reflects the seriousness of their injuries. If Delta or other parties are at fault for the accident, passengers will be able to recover any losses that exceed the $200,000 USD cap. The amount of compensation is established by the Montreal Convention, which applies to passengers whose itinerary includes international travel (including layovers) between countries that are signatories to this treaty. Both the U.S. and Canada are signatories.
What if Delta offers me compensation—should I accept it, or consult a lawyer first?
In this case, Delta appears to be offering any passenger $30,000 USD (approximately $42,500 CAD) with “no strings attached.” So long as Delta does not ask you to sign away your rights to future compensation, you should accept this offer. However, you may want to consult with a lawyer to ensure that any documents Delta asks you to sign when accepting this money will not affect your rights. During a free, no obligation initial consultation with one of our aviation accident lawyers, we can review these documents with you and help you understand what other compensation you may be owed.
Does Delta Air Lines have to cover my medical expenses?
Following a serious accident, airlines will sometimes voluntarily cover medical expenses. Delta’s preliminary offer of $30,000 USD (approximately $42,500 CAD) in compensation is intended to compensate passengers for their immediate needs, including medical expenses. If a passenger accepts, this compensation would be deducted from any additional settlement or court award for damages. If you have medical expenses that exceed this amount, you may need to hire a lawyer to help you recover all your losses.
Can I sue Delta or another responsible party for damages?
Yes. Passengers on this flight (or their legal decision makers) can sue Delta regardless of the cause of the accident. If, after further investigation, we determine that other parties contributed to the accident, we would also recommend suing those other parties.
What if I suffered emotional distress but no serious physical injuries—can I still seek compensation?
Your entitlement to compensation for emotional distress is much more complex than your entitlement to compensation for strictly physical injuries. The answer to this question will depend on your individual circumstances and on the identity of the party or parties who are at fault for the accident. We advise you to contact us for more information.
Am I entitled to compensation for lost wages if I missed work due to the crash?
Delta has made a preliminary offer of $30,000 USD (approximately $42,500 CAD) to all passengers, regardless of their injuries or losses. This compensation would likely cover lost wages and other expenses for passengers who do not have serious injuries. If you do have more serious injuries, your ability to recover compensation for lost income may depend on the nature of your injuries. For example, in our experience, airlines may argue that passengers cannot recover compensation for mental injuries. We recommend getting legal advice on this issue. If you accept the $30,000 USD offered by Delta, this will be treated as an advance on any future award or settlement.
Who is legally responsible for the crash—Delta, the aircraft manufacturer, the airport, or another party?
Delta is liable to compensate passengers for their injuries, up to a maximum of approximately $200,000 USD ($280,000 CAD) regardless of the cause of the crash. This is required by the strict liability provisions in the Montreal Convention. Delta will only be responsible for losses above this amount if it is found to be at fault. Manufacturers, maintenance facilities, the airport, Nav Canada (the air traffic control provider), or other parties may be responsible if they are found to be wholly or partially at fault. It will take some time to fully investigate the potential fault of each of these parties.
How long do I have to file a lawsuit?
Generally, you have two years from the date of the accident to file a lawsuit. There are some exceptions, including if an injured person is under the age of 18, or if the nature of injuries prevents a person from being able to reasonably meet this requirement. It is advisable to contact an experienced airplane accident lawyer as soon as possible following your injury to ensure you understand and protect your legal rights and options.
Do I need a lawyer to pursue a claim, or can I handle it myself?
It is theoretically possible for you to pursue a claim without a lawyer. However, it is often difficult for passengers to identify all their recoverable losses without the assistance of a lawyer, and there may be complex legal issues that are difficult for you to navigate on your own. During a no cost, no obligation initial consultation, an experienced aviation accident lawyer can explain why using a legal representative to litigate your case may be beneficial as you focus on your recovery.
Does the Montreal Convention apply, and if so, what compensation limits exist?
The Montreal Convention does apply to any passenger who was flying on a one-way or round-trip flight between Minnesota and Toronto. If Flight 4819 was a connecting flight that was part of a longer journey, the Montreal Convention may or may not apply depending on the country of departure and your final destination. We can provide more specific information based during an initial consultation.
What if I am from another country—do different laws apply to my claim?
Your rights to claim compensation do not depend on your residence status in the US, Canada, or another country. However, depending on your place of departure and final destination on your ticket, different rules may apply. As experienced airplane accident lawyers, we can help clarify the steps you’d need to take based on your specific circumstances during our discussion with you.
Here For You
Working together on major aviation cases, Howie, Sacks & Henry LLP and CFM Lawyers LLP have a proven track record of handling complex litigation, including representing families in the high-profile Ukrainian International Airlines PS752 tragedy.
Our experienced legal team combines the skills and resources of two law firms and is dedicated to providing attentive, compassionate support and pursuing justice for passengers and family members affected by aviation accidents.
We have already been contacted by passengers aboard this ill-fated flight and we know others may be looking for assistance as they consider their options.
If you or your loved one was a passenger on Delta Air Lines Flight 4819 and you would like to speak to us to learn more about your rights, please contact us to arrange a free, no obligation initial consultation. When you have questions, we can help by providing trusted answers.
