Lost, Delayed, and Damaged Baggage Claims

Airlines mishandle millions of bags every year. Most cases end with the bag delivered a day late, but some travelers lose expensive equipment, medications, business samples, wedding attire, or irreplaceable items, or arrive home to find a suitcase crushed and its contents broken. Your rights depend on whether the trip was domestic or international, and strict reporting deadlines apply.

Domestic U.S. Flights

• Liability limit: U.S. airlines may limit liability for checked baggage on domestic flights to $4,700 per passenger under DOT’s current rule (14 C.F.R. Part 254). You can buy excess valuation from many airlines for valuable items.
• Bag fee refunds: airlines must refund checked bag fees when a bag is lost, and when it is significantly delayed (more than 12 hours after a domestic flight), once you file a mishandled baggage report.
• Interim expenses: airlines generally must reimburse reasonable expenses caused by a delayed bag, such as toiletries and clothing, subject to their policies.
• Contract of carriage: airlines often exclude fragile items, electronics, cash, jewelry, and other valuables from domestic liability, so pack them in carry-on bags.

International Flights: Montreal Convention

• Liability limit: generally 1,519 Special Drawing Rights per passenger for destruction, loss, damage, or delay of baggage, for losses since December 28, 2024, unless a special declaration of interest was made and any supplementary fee paid.
• Checked baggage: the airline is liable for damage that occurred while the bag was in its charge, except to the extent the damage came from an inherent defect, quality, or vice of the bag.
• Delayed baggage: the airline is liable for damage caused by delay unless it proves it took all reasonable measures to avoid it.
• Bag fee refunds: under DOT’s rule, fees are refunded when a bag on an international trip is delayed more than 15 hours (or 30 hours for long segments).

Deadlines You Cannot Miss

• Damage (international): written complaint within 7 days of receiving the bag
• Delay (international): written complaint within 21 days of the date the bag was placed at your disposal
• Loss: a bag that has not arrived within 21 days may be treated as lost
• Lawsuit: within two years under the Montreal Convention
• Domestic: deadlines are set by each airline’s contract of carriage and can be very short; report at the airport before leaving

Documenting Your Claim

• File a Property Irregularity Report or mishandled baggage report at the airport and keep the reference number.
• Photograph the bag and damaged contents before discarding anything.
• Keep receipts for the contents, replacement purchases, and interim expenses.
• Keep boarding passes and bag tags.
• Submit the written claim within the deadline and keep proof of delivery.

When to Get Help

Small claims are often resolved directly with the airline. We can help when the value is substantial, the airline denies or lowballs a documented claim, items such as medical equipment or business property were lost, or a baggage problem accompanied an injury or major trip disruption. See also Flight Delay and Cancellation Compensation and Montreal Convention Claims.

Related Pages

• Flight Delay and Cancellation Compensation
• EU261 and UK261 Flight Compensation
• Flight Delay and Baggage Claim Checklist
• Montreal Convention Claims
• Claims by Airline
• Travel and Resort Litigation

Frequently Asked Questions

How much will an airline pay for lost luggage on a domestic flight?

U.S. airlines can limit their liability for lost, damaged, or delayed checked baggage on domestic flights to $4,700 per passenger under DOT’s current limit, unless you purchased excess valuation. You must prove the value of the contents, and airlines typically pay depreciated value, not replacement cost.

What about international flights?

Under the Montreal Convention, airline liability for destruction, loss, damage, or delay of baggage is generally limited to 1,519 Special Drawing Rights per passenger for losses since December 28, 2024, unless you made a special declaration of value. The airline is liable for checked baggage damage unless it resulted from an inherent defect in the bag.

How long do I have to report damaged or delayed baggage on an international flight?

Under Article 31 of the Montreal Convention, written complaints must generally be made within 7 days of receiving checked baggage for damage, and within 21 days of the date the baggage was placed at your disposal for delay. Missing these deadlines can bar the claim. Lawsuits must be filed within two years.

When is a bag considered lost?

Under the Montreal Convention, if the airline admits the loss or the bag has not arrived within 21 days after it should have, the passenger may treat it as lost. Domestic airlines set similar timelines in their contracts of carriage.

Will the airline refund my bag fee?

Yes, if the bag is lost, and under DOT’s rule, if a checked bag is significantly delayed: more than 12 hours after a domestic flight, or 15 or 30 hours after an international flight depending on flight length, once you file a mishandled baggage report.

Talk With an Aviation Attorney

If you have a lost, delayed, or damaged baggage claim, call Muggeo & Associates at (978) 741-1177, text the same number, or request a consultation online. We answer calls 24/7. Offices in Salem, Massachusetts and Fort Lauderdale, Florida. Attorney Louis J. Muggeo has more than 2,000 hours of civilian flight time. Many small claims can be resolved directly with the airline, and we will tell you when that is the better route.

This page provides general information, not legal advice. Airline rules, government regulations, and treaty limits change, and outcomes depend on the facts. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.