Following the midair incident involving a Latam Boeing 787 over the Pacific Ocean in March, the airline is offering compensation to affected passengers, with amounts ranging from $2,000 to $7,650, according to Carter Capner Law, a firm representing 15 passengers from Latam Flight 800.
Compensation Details
Peter Carter, director of Carter Capner Law, stated that passengers with injuries, varying from moderate to severe, have been offered cash compensation by the airline. The firm has received inquiries from individuals in New Zealand, Australia, and Brazil, indicating the global reach of the incident.
Legal Framework
The Montreal Convention 1999, an international agreement governing airline liability in cases of passenger injury or death, stipulates that affected passengers can claim up to $160,000 in compensation from the airline. However, this amount serves as the initial threshold, and additional compensation can be sought depending on the extent of losses, such as medical expenses and loss of income.
Potential for Higher Compensation
Carter emphasized that affected passengers may be eligible for significantly higher compensation, potentially reaching millions of dollars, if they can demonstrate substantial losses and if Latam is found liable for the incident. He cautioned passengers against accepting compensation without consulting a lawyer to safeguard their rights for future claims.
Legal Considerations
Carter highlighted the possibility of pursuing claims against entities beyond the airline, such as Boeing or system suppliers, particularly for emotional and psychological injuries. Notably, psychological scars may only be compensated if they are directly linked to bodily injury, as per the Montreal Convention 1999.
Ongoing Investigation
The midair incident, which caused injuries to at least 50 people, is under investigation. Latam attributed the event to a “technical event,” while preliminary evidence suggests that a flight attendant accidentally activated a button on the pilot seat, leading to the disturbance in flight controls.
Conclusion
The reported compensation offered by Latam Airlines underscores the aftermath of the midair incident and the legal complexities involved in addressing passenger injuries. As investigations continue, affected individuals are advised to seek legal counsel to navigate their rights and potential claims for compensation.
