Aviation Law Group has been following Delta Air Lines’ offer of $30,000 to each passenger on Flight 4819, which crashed upon landing in Toronto. As a firm that focuses its practice on aviation cases, we believe it is essential for passengers to understand what this offer really means for their rights and potential future compensation.
Robert Hedrick, founding attorney of Aviation Law Group, has more than thirty years of aviation law experience and has provided his expertise on national news about the legal considerations surrounding this offer.
While Delta has stated the $30,000 “comes with no strings attached,” Mr. Hedrick cautions that passengers should have “an aviation attorney review any agreements or contingencies that the airline asks passengers to sign.” While the Montreal Convention allows airlines to provide these early advance payments, it is important for passengers to ensure that no hidden waivers or limitations are included in any paperwork they sign.
He emphasizes that “the $30,000 advance payment offer by Delta is a good start in the right direction, as long as passengers do not have to give up any of their rights for full and fair compensation in the future.” Because this is an advance—rather than a final settlement—airlines can later offset it from the amounts ultimately paid, but it should not prevent passengers from pursuing additional compensation for injuries that may become apparent over time. It is not uncommon for injuries from serious airline accidents to manifest weeks or even months after an incident.
A key point is that attorneys should not take a percentage of these early payments as a fee because the funds are being offered across the board to all affected passengers and are not “earned” by counsel. He also notes that personal-injury-related proceeds are typically not taxable in the United States, although there may be exceptions in specific situations. A tax professional should be consulted to clarify any tax concerns.
Aviation Law Group is accepting passenger cases from Delta Flight 4819 and advises that any passenger considering this advance consult with legal counsel who specializes in aviation law. Reviewing the details of Delta’s offer with an experienced attorney ensures that passengers protect their right to pursue any additional compensation they may deserve and avoid unintended waivers that could limit their future claims.
If you have questions about your specific circumstances or would like to discuss legal representation, please contact our firm. Aviation Law Group has been dedicated to representing airline passengers and their families for many years, and we stand ready to assist those who wish to explore their rights and remedies after this serious incident.