YOU HAVE TWO YEARS TO FILE A CLAIM FOR AN AIRPLANE INJURY!!
- posted: Nov. 15, 2021
There are different deadlines to file negligence or injury claims in the state of New York. In the case of an Airline or Airport, if their negligence causes you injury, you only have two years to file a claim for full and fair compensation.
In most cases, if you are injured on an airplane, the Montreal Convention, which the United States is a member of, could cancel out New York state's 3 year Statutes of Limitation for most negligence claims.
In summary, the Montreal Convention provides that, a "carrier is liable for damage sustained in case of death or bodily injury of a passenger upon condition only that the accident which caused the . . . injury took place on board the aircraft or in the course of any of the operations of embarking or disembarking." Montreal Convention, ch. III, art. 17, § 1.
It further provides that "the right to damages shall be extinguished if an action is not brought within a period of two years, from the date of arrival at the destination, OR from the date on which the aircraft ought to have arrived, OR from the date on which the carriage stopped." Montreal Convention, ch. III, art. 35, § 1.
CALL OUR ATTORNEYS NOW AT 718 739-4444, FOR A FREE CHAT ABOUT YOUR CASE.
Please note that the content on this site is for informational purposes and does not constitute legal advise.