Causes of Falling LuggageLuggage is often brought aboard an airplane to be placed in the overhead bins. Because there is limited space in these bins, airlines will specify that carry-on bags must adhere to a certain criteria for size. If the bag is too big, it won’t fit in the overhead bin and it would then need to be checked, which is an irritating process if the flight has already been mostly occupied; it delays take-off by a few minutes. One of the biggest reasons that carry-on luggage injuries are so dangerous is because there is no way of knowing how heavy a suitcase really is. Suitcases can have up to 60 bs of materials inside of them and a far drop could increase the potential injuries. Luggage that has been placed in the overhead bins can cause injuries because of the following reasons:
- Turbulence shifted the luggage around during flight, which is often warned about by the flight attendants; upon opening the overhead bins, you may find that a big suddenly falls out with no resistance
- Tightly packed luggage, which causes passengers to have to wrench and pull on the bags to free them; in doing so, they could dislodge other pieces of luggage or drop their own on the head or shoulders of seated passengers
- Defective overhead bins, which may have broken latches, or when bins are simply left open, as seen when flight attendants or passengers fail to properly close or latch the overhead bin, causing luggage to tumble out onto unsuspecting individuals
Find out more about how we can help you. CHAT LIVE with a representative now.No matter what the situation or cause of the falling luggage, if you were hurt by any suitcase that fell from the airplane, you should take appropriate legal action and file a lawsuit against the airline company.
Falling Luggage InjuriesThe damages that can occur from falling luggage can be severe. In the instances where falling luggage tumbles out of an overhead bin, the force to jut the latch open is very great, and if the suitcase or bag lands on someone’s head or shoulder, he can be seriously hurt.
- Neck injuries
- Herniated and ruptured discs
- Closed head injuries
- Traumatic brain injuries
- Brain bleeding and swelling
- Shoulder injuries
- Lacerations, abrasions, cuts, and bruises
- Nerve damage
- Muscle damage
- Crushing injuries
- Puncture wounds
- Facial injuries
- Eye and ear damage
Steps To Take After An Airplane AccidentYou should be adequately prepared to gather evidence after an airplane accident. There should be no reason that you do not have enough evidence while in the air to file a lawsuit upon touching down. In some cases, the injuries will be severe, and the pilot may need to conduct an emergency landing. No matter what the situation, we recommended taking the following steps: Get medical help as quickly as you can. There may be a first-aid kit on board or a medical professional, but it is crucial that you go to the hospital for treatment and to see if there are any additional damages. The adrenaline may mask some of the injuries or cause them to not show up until later. It is also in your best interests to go to the doctor quickly because the longer the delay the more likely it is that the insurance agent will claim that you were hurt in another incident.
The Risks of Airplane Injury From Falling Overhead Luggage
You should then take photos of your injuries and the scene of the accident to document the extent of the damage and how the accident occurred in the first place.
Other passengers on the plane may have seen the incident occur, which means you can ask them for their statements and testimonies to further prove your point in what happened. They can verify if a bin was defective, if the flight attendant did not properly close it, and more.
You should then collect the physical evidence of your case. You will not be able to collect the overhead bin or the luggage, most likely; instead, you should prove that you were a passenger on the plane and that you were injured. Therefore, you will need receipts of your payment to the airline, medical notes and treatment notes, hospital receipts, boarding passes, and more.
Once you have all of your evidence gathered, you can contact a qualified airplane accident attorney who can handle your case for you. You may not have any experience negotiating with an insurance agent; we will gladly write the demand letter for you and work to win your claim. You can focus on healing and returning to your normal life without the stress of the case delaying your recovery time or making you even more frustrated.
Statute of Limitations to File an Airplane Accident Lawsuit
You do not have an unlimited amount of time to sue the airline if you were hurt because of falling luggage. In California, you have 2 years from the date of the injury to sue. If you do not sue within the 2-year limit, you will be barred from receiving any compensation in the future and you will not be able to sue the airline. The statute is in place so that claims will be speedily handled and so that evidence will not be corrupted but kept whole and intact. The longer you wait, the more likely it is that key proof will be lost or unusable.
Learn more about your legal options by chatting with a representative now.There are a few exceptions to this statute of limitations, though. The first is if you were underage at the time of the incident; you must be 18 to sue, so the statute would start once you turn legal age. You also do not have to adhere to the statute of limitations if you were physically or mentally incapacitated after the incident, which could postpone the statute until you return to functioning health. Lastly, the statute will be suspended if the defendant leaves the state, and will resume when he returns.
Falling Luggage Accident CompensationThe value of your lawsuit will be determined by the insurance agent handling your claim. He will examine the extent of your injuries and how much of an impact they had on your life and career, and he will make an offer based on that. We will work to negotiate the fairest settlement for you. You may be able to earn the following:
- Medical expenses from the past and future for your injuries
- Lost income for the time you could not go to work because you were injured or recovering from future medical procedures
- Property damage if your personal items were broken or lost in the incident
- Pain and suffering damages if you were emotionally traumatized, left with PTSD or anxiety, or experienced other psychological injuries from the event