Do I have a case if I was injured on airplane?

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Do I have a case if I was injured on airplane?

The overhead bin started opening during take off, so I jumped up to hold it up to try and make sure that it didn’t completely open. In the process I pulled my back really bad.

Asked on May 3, 2018 under Personal Injury, Michigan

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the airline for negligence, it may be possible to settle the case with the airline's insurance carrier.
If you don't receive a response from the airline's insurance carrier to the letter you sent to the airline, notify the airline's insurance carrier in writing of your personal injury claim.  You can obtain the insurance carrier information from the airline.
When you complete your medical treatment and are released by the doctor or are declared by the doctor to be permanent and stationary which means having reached a point in your medical treatment where no further improvement is anticipated, obtain your medical bills, medical reports, and documentation of wage loss.  Your claim filed with the airline's insurance carrier should include those items.
Compensation for the medical bills is straight reimbursement.  The medical reports document your injury and are used to determine compensation for pain and suffering which is an amount in addition to the medical bills.  Compensation for wage loss is straight reimbursement.
If the case is settled with the airline's insurance carrier, NO lawsuit is filed.
If you are dissatisfied with settlement offers from the airline's insurance carrier, reject the settlement offers and file a lawsuit for negligence against the airline.
If the case is NOT settled, your lawsuit for negligence must be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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