How to Make a Claim Under the Montreal Convention

The Montreal Convention of 1999 governs most injury claims by passengers on international flights. It makes airlines liable for injuries caused by an “accident” on board or while boarding or leaving the aircraft, but it also sets strict rules on where and when you can sue. This step-by-step guide explains how a passenger injury claim works. For help with a specific case, see our Montreal Convention claims page.

Step 1: Confirm the Montreal Convention Applies

The Convention applies to “international carriage” when the place of departure and the place of destination, as shown on the ticket, are in two countries that have joined the Convention, or when a round trip starts and ends in one member country with an agreed stopping place in another country. The United States and most major travel countries are parties. What matters is the whole itinerary on the ticket, so a domestic leg booked as part of an international trip can be covered.

Step 2: Identify the Accident

Under Article 17, the airline is liable for death or bodily injury caused by an accident that took place on board the aircraft or during embarking or disembarking. Courts define an “accident” as an unexpected or unusual event or happening that is external to the passenger, following the U.S. Supreme Court’s decision in Air France v. Saks, 470 U.S. 392 (1985). An injury caused only by the passenger’s own internal reaction to the normal operation of the aircraft is not an accident. See our guide to common airline injuries and how courts treat them.

Step 3: Document Everything Right Away

Report the injury to the flight crew and ask that it be recorded in the cabin or incident log.
Get the names of crew members and nearby passengers who saw what happened.
Photograph the scene, the seat area, spilled items, the overhead bin, the aisle or jet bridge, and your injuries.
Keep your boarding pass, ticket receipt, itinerary and baggage tags.
Get medical care as soon as possible, at the destination if needed, and keep all records and receipts.
Write down the flight number, date, seat number, time of the incident and the phase of flight, such as boarding, taxi, cruise or descent.

Step 4: Send Written Notice and Preserve Evidence

Send the airline a written notice describing the incident and asking it to preserve evidence such as cabin crew reports, flight data, turbulence records, catering records and video from the gate or jet bridge. Airlines and airports routinely overwrite data, so early preservation requests matter. Avoid giving a detailed recorded statement to the airline’s insurer before getting advice.

Step 5: Choose Where to File

Article 33 allows a passenger injury claim to be filed in the territory of a member country where the carrier is domiciled or has its principal place of business, where it has a place of business through which the contract was made, at the place of destination, or, for injury or death, where the passenger has his or her principal and permanent residence if the carrier operates services to or from that country and conducts business there from premises it leases or owns or that are leased or owned by a commercial partner. This “fifth jurisdiction” lets many U.S. residents injured on foreign airlines sue at home. In U.S. courts, the plaintiff must also establish personal jurisdiction over the airline.

Step 6: File Within Two Years

Under Article 35, a lawsuit must be filed within two years of arrival at the destination, the date the aircraft ought to have arrived, or the date the carriage stopped. Negotiations with the airline or its insurer do not extend this deadline. Missing it generally ends the claim.

Step 7: Prove Damages

Since December 28, 2024, the revised limits published by ICAO are 151,880 Special Drawing Rights (SDRs) per passenger for death or bodily injury under Article 21, 6,303 SDRs for delay, and 1,519 SDRs for baggage. The SDR is an International Monetary Fund unit whose dollar value changes daily. The airline is strictly liable up to the first-tier limit, though damages can be reduced if the passenger caused or contributed to the injury. Above it, the airline can avoid liability only by proving the damage was not due to its negligence or was caused solely by a third party. Recoverable damages generally include medical expenses, lost earnings, and pain and suffering connected to the bodily injury.

Frequently Asked Questions

Do I have to file a claim with the airline first?

No. The Montreal Convention does not require a passenger to file an internal airline claim before suing for bodily injury. Reporting the injury to the crew and the airline quickly is still important for evidence, and notice deadlines do apply to baggage damage and delay.

How long do I have to bring a Montreal Convention claim?

Under Article 35, the right to damages is extinguished if a lawsuit is not filed within two years from the date of arrival at the destination, the date the aircraft should have arrived, or the date the carriage stopped. Courts treat this as a strict deadline that generally is not extended.

Can I sue a foreign airline in the United States?

Often, yes. Article 33 lists where a passenger may sue, including the place of destination on the ticket, the carrier’s domicile or principal place of business, the place where the ticket was bought through the carrier’s business, and, for injury or death, the country of the passenger’s principal and permanent residence if the carrier operates services there. U.S. courts also require personal jurisdiction over the airline, which is analyzed separately.

How much can I recover?

For bodily injury, the airline is strictly liable up to 151,880 SDRs, meaning it cannot avoid liability by showing it was careful, though it can reduce damages if the passenger contributed to the injury. Above that amount, the airline is liable unless it proves the damage was not caused by its negligence or was caused solely by a third party. Damages are compensatory; punitive damages are not recoverable.

Can I recover for emotional distress after a frightening flight?

Generally only if it flows from a bodily injury. The U.S. Supreme Court held under the earlier Warsaw Convention that purely emotional injuries without physical injury are not recoverable, and U.S. courts apply the same rule to the Montreal Convention’s “bodily injury” language.

Does the Convention apply if I booked through a travel agent or the flight was a codeshare?

Usually. The Convention applies based on the itinerary, not how the ticket was bought. When one airline sells the ticket and another operates the flight, the Convention generally allows claims against both the contracting carrier and the actual carrier.

Related Resources

Injured on an international flight? Call Muggeo & Associates at (978) 741-1177 or request a consultation. Montreal Convention claims must be filed within two years, and evidence held by airlines can disappear quickly. We have offices in Salem, Massachusetts and Fort Lauderdale, Florida.

This page is general information, not legal advice. Whether the Montreal Convention applies, where a claim can be filed and what can be recovered depend on the ticket, the itinerary and the facts. Our attorneys are admitted in Massachusetts, New Hampshire, New York, Rhode Island and Florida; where a case must be filed elsewhere, we may work with local counsel. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.