The Montreal Convention and Passenger Injury Claims

If you were injured during an international flight—or while boarding or exiting a plane as part of international travel—you may have legal protections under a treaty known as the Montreal Convention. This international agreement outlines when and how airlines are responsible for injuries and deaths that occur during the course of air travel. Unlike many U.S. laws, the Montreal Convention allows passengers to recover compensation without having to prove that the airline was careless.

At Friedman Rodman Frank & Estrada, we help injured passengers and grieving families understand how the Montreal Convention applies to their case. Our team reviews your ticket, flight path, and medical records to determine whether the treaty covers your injury—and if so, what damages may be available. If you are unsure whether the flight on which you traveled qualifies, we can review your case in a free consultation and explain your rights.

The Montreal Convention is a treaty signed by more than 130 countries, including the United States. It governs legal claims involving international air travel and sets rules for airline liability. The treaty applies to most injuries or deaths that occur:

• During international flights between two member countries
• On connecting domestic flights that are part of an international itinerary
• While boarding or deplaning as part of that travel

Under the Montreal Convention, the airline is automatically responsible for damages up to a certain limit—currently 128,821 Special Drawing Rights (SDRs), which equals about $170,000 USD. For amounts above that, the airline can avoid additional liability only by proving it was not negligent.

To qualify for compensation under the Montreal Convention, the injury must result from an “accident”—something unusual or unexpected that happens during the course of travel. Common airline-related accidents include:

• Falling luggage from overhead bins
• Burns from spilled coffee or hot food
• Severe turbulence injuries
• Trip and fall incidents in the cabin or jetway
• Equipment malfunctions
• Crew errors during boarding, service, or landing

You do not need to show that the airline was at fault for the event—only that the injury occurred as a result of something out of the ordinary. Our legal team can help determine whether your situation meets the definition of an “accident” under the treaty.

If you were hurt on an international flight or lost a loved one due to an in-flight accident, you may be entitled to financial compensation. The Montreal Convention allows passengers and their families to seek payment for financial losses and the non-economic impact their injuries had on their lives. Depending on the facts of your case, this may include coverage for medical bills, ongoing care, missed income, and emotional or psychological effects caused by the incident.

In fatal airline accidents, families may also recover costs related to funeral services and the long-term loss of support from the deceased. While the treaty establishes a minimum amount airlines must cover, it does not set a fixed limit on how much you can receive. If the airline’s negligence contributed to the injury or death, additional compensation may be available. One of our experienced attorneys can help you understand what your case is truly worth—and how to demand it.

The Montreal Convention simplifies some parts of the legal process, especially for passengers injured on international flights. Key differences include:

• You do not have to prove negligence to receive basic compensation.
• You have two years from the date of your arrival—or expected arrival—to file a claim.
• You can file suit in several locations, including the passenger’s home country if the airline operates there.
• Airlines cannot avoid liability for the first tier of damages, even if they followed all safety rules.

However, airlines may still try to deny or delay claims. That is why having an experienced airline injury lawyer on your side is critical.

Montreal Convention cases are different from ordinary injury lawsuits. They involve international law, strict deadlines, and rules that most general practice firms rarely deal with. At Friedman Rodman Frank & Estrada, we focus on the details that make these cases successful. That includes identifying whether your flight qualifies under the treaty, confirming jurisdiction options, and calculating all losses under both international and U.S. standards.

We dig into flight records, cabin crew reports, and airport documentation to find out what really happened—and why. We also work with doctors and travel experts to connect your injury to the airline's operations. Throughout the process, our team handles the paperwork and negotiates with the airline's legal team so you do not have to.

We offer every client a free consultation and charge no legal fees unless and until we recover compensation in your case. Our priority is helping you move forward with clarity and confidence.

If you were injured during international travel or lost a loved one in a fatal airline incident, you may have a claim under the Montreal Convention. Let Friedman Rodman Frank & Estrada help you understand your legal options. Call 877-448-8585 for a free consultation. We believe you deserve the best airline injury attorneys available, and we are prepared to do everything possible to ensure you obtain maximum compensation for what you’ve been through.