Can I sue an airline for pain and suffering?

Mishaps on airlines can result in severe emotional distress for passengers, even when they don't suffer physical injuries. When passengers fear for their lives due to some type of airline mishap, they can sue an airline for emotional distress to receive compensation.



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Individuals can sue airlines in small claims court for damages caused by an airline's negligence. For example, damages can arise from personal injuries (for example a broken arm) or from emotional distress caused by an airline's negligent treatment.

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The process is quick and affordable. You may file a lawsuit against an airline in small claims court as long as the amount you intend to sue for is within the small claims court limit (on average $10,000 or less). Up next: Learn more on how to sue an airline in small claims court.

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Delayed and Canceled Flights
If you find yourself with a delayed flight due to one of these reasons, ask the original airline if it will pay for a ticket on another airline. The DOT does not require the airline to offer compensation, but it doesn't hurt to ask.

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Yes, there are many circumstances under which you may rightfully sue an airline. Common situations giving rise to airline complaints include: Personal Injury. Physical and Emotional Distress.

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Air travel isn't always fun. Things go wrong. And while you're unlikely to get compensated because a summer thunderstorm made your plane late, it's often worth complaining to the airlines and seeing what you can get for your travel inconveniences.

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Besides suing in small claims court you can also file a complaint against an airline with the DOT. The DOT's Office of Aviation Consumer Protection (ACPD) reviews and responds to consumer complaints against airlines.

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Airline liability
  • International laws for air travel.
  • Death or injury to passengers.
  • Lost or damaged luggage.
  • Delayed passengers and luggage.
  • Missing or damaged luggage.
  • Claiming compensation.


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Aircraft Operators Are Subject to Strict Liability for Damage to Ground Victims Outside of Established Landing Areas.

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Individuals can sue airlines in small claims court for damages caused by an airline's negligence. For example, damages can arise from personal injuries (for example a broken arm) or from emotional distress caused by an airline's negligent treatment.

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EasyJet. EasyJet has never had an accident. In fact, its history is so incident-free, it appears difficult to find any serious issue on one of its flights.

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According to the DOT, airlines are not required to provide money or other compensation when flights get delayed, regardless of how late they are. However, when a “significant delay” takes place, passengers may receive refunds for seat selection fees or checked baggage fees.

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Non-refundable tickets - Consumers who purchase non-refundable tickets are not entitled to a refund unless the airline makes a promise to provide a refund or the airline cancels a flight or makes a significant schedule change.

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You can get money back from airlines in case your flight gets cancelled, regardless of the reason. an airline must offer you a full flight refund for all flights within the same booking.

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The airline is required to compensate you for a canceled flight if you were notified less than 14 days before your original scheduled departure date. However, compensation is not required if the airline proves that extraordinary circumstances (e.g., weather) caused the cancellation.

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However, if your first flight is delayed for more than 3 hours, you may be entitled to compensation from the airline that caused the delay. In addition to compensation, the airline must offer you a choice between: Reimbursement of your ticket and a return flight to your departure airport if you have a connecting flight.

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