Toronto Airplane Accident Lawyers

Published: October 15, 2026 | Last Reviewed: October 15, 2026

Airplane accidents can have devastating consequences for passengers, crew members, and their families. Whether an accident involves a commercial airline, private aircraft, or an unexpected incident during a flight, victims may suffer serious injuries, financial losses, and lasting psychological trauma.

If you or someone you love has been injured in an aviation accident, our Toronto airplane accident lawyers may be able to help you understand your legal rights and pursue compensation.

At Preszler Injury Lawyers, we represent injured individuals and families throughout Toronto and Ontario. Our firm has served injured Canadians since 1959, helping clients navigate complex personal injury and wrongful death claims.

Airplane accident cases can involve multiple responsible parties, complicated investigations, and international laws. Our legal team can review the circumstances of your accident, assess potential claims, and explain the legal options available to you. Book a free consultation today to find out more about your potential claim.

Key Takeaways: Airplane Accident Claims in Toronto and Ontario

• Airplane accident victims may be entitled to compensation. Depending on the circumstances, injured passengers and eligible family members may be able to pursue damages for medical expenses, lost income, pain and suffering, and other accident-related losses.
• Aviation accidents do not always involve plane crashes. Injuries caused by severe turbulence, equipment failures, falling luggage, or incidents during boarding and disembarkation may also give rise to legal claims.
• Multiple parties may be responsible for an airplane accident. Airlines, aircraft operators, manufacturers, maintenance providers, and other parties may potentially bear liability depending on the circumstances.
• International airplane accident claims are subject to special rules. The Montreal Convention establishes important requirements concerning airline liability, compensation, and deadlines for qualifying international flights.
• Legal deadlines can affect your right to compensation. Different limitation periods may apply depending on whether the accident involved domestic or international travel.
• Our Toronto airplane accident lawyers can help. Preszler Injury Lawyers offers free consultations to individuals and families seeking information about their potential aviation accident claims.

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Since 1959, we’ve helped thousands of Canadians get the compensation they deserve with their airplane accident claims. One of Canada’s oldest personal injury law firms, personal injury law is exclusively what we do. Book a free consultation today with our top-rated personal injury lawyers.

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How Our Toronto Airplane Accident Lawyers Can Help

Aviation accident claims can be significantly more complicated than many other personal injury cases. Identifying the responsible parties may require examining aircraft maintenance records, pilot decisions, flight operations, and evidence gathered during official investigations.

Our Toronto airplane accident lawyers can help clients understand the legal process and determine whether they may have grounds to pursue compensation.

Depending on the circumstances, our legal team may assist by reviewing the accident and available evidence, identifying potentially liable parties, assessing injuries and financial losses, communicating with insurers, and pursuing claims against responsible parties.

Some aviation accidents fall under Canadian personal injury law, while others are governed by international agreements such as the Montreal Convention. Determining which laws apply is an important part of evaluating a potential claim.

For individuals who have suffered serious injuries, our Toronto personal injury lawyers can also assess how the accident may affect future medical needs, employment, and quality of life.

Types of Airplane Accidents We Assist With

When commercial airlines do crash, however rare that is, dozens or even hundreds of people often end up losing their lives in a single event. These crashes or crash landings also result in serious injuries for hundreds of other passengers.

Common injuries sustained in plane crashes include broken bones, severe whiplash, traumatic brain injuries, contusions, lacerations, and burns.

While plane crashes, of course, cause the most severe injuries and the most deaths of all types of plane accidents, many commercial aviation injuries occur when the plane is grounded or still flying. For example, in-flight and grounded incidents may include a sudden drop in elevation, turbulence, or an unexpected turn.

A few examples of injury-causing accidents that do not involve a crash include:

• Being hit by a service cart that was not locked or held in place;
• Being struck by luggage from overhead during severe turbulence;
• Getting sick from being served spoiled food; and
• A hot drink spilling, resulting in burns.
• And more.

The Four Phases Of A Flight During Which Crashes Occur

There are four phases of a flight — taxiing on the runway, takeoff and climbing to altitude, cruising, and landing. Most crashes involving commercial aviation fatalities happen during landing—the most dangerous part of a flight.

• Taxiing or Motionless on the Runway: According to the Globalist, 10% of fatalities occur when planes are on runways. However, most of these fatalities are those of airport and crew staff, such as flaggers or baggage personnel.
• Takeoff and Climbing: This period of aviation travel is comprised of three segments, the first being an acceleration down the runway. Next comes the steep climb when the plane leaves the ground, followed by a more gentle climb until the plane reaches cruising altitude. 22% of fatal aviation crashes occur during takeoff and climbing.
• Cruising: Commercial planes are at their safest when they are at cruising altitude. Just 10% of fatalities occur during this phase of the flight, equivalent to the number of fatalities that occur when the plane is stationary on the ground or taxiing. However, when an accident occurs, such as losing an engine, this phase of the flight does become extremely dangerous, as the plane has the greatest speed, the furthest distance to the ground, and the furthest distance to the next runway to make an emergency landing.
• Landing: 58% of commercial fatalities occur during the descent and landing phase of a flight, despite this period only taking a small percentage of the total trip.

International Plane Accident Claims: Montreal Convention Of 1999

The Montreal Convention of 1999, which is the modern version of the Warsaw Convention, oversees international plane accident compensation for more than 130 countries that have ratified the Convention.

In order for the Montreal Convention to apply, the flight accident must occur during travel from one participating country to the next. Under the Convention, there are two tiers of liability that an airline carrier has. For the first 151,880 Special Drawing Rights (SDR), which is equivalent to approximately $295,665.20 CAD, the carrier is strictly liable for proven damages. These damages must be caused in the following:

• A plane accident resulting in injury or death; and
• The accident occurred on the plane, getting on the plane, or getting off the plane.

After the first 151,880 SDR, the carrier then has the burden of proof to show that the accident was caused by another party or was not caused by its own negligence. As such, when a passenger seeks 151,880 SDR or less, a carrier cannot seek this third-party defence. The statute of limitations for filing a lawsuit is two years, starting from the date of the crash.

Filing A Claim Under The Montreal Convention In A Canadian Province

As a Canadian, you have the ability to sue an airline that is a foreign carrier. This lawsuit can be filed here in Ontario, despite the crash happening in another country or the carrier not being a Canadian company.

In order to file a claim or lawsuit, you must be able to establish at least one of the following:

• The carrier is ordinarily a resident in the province;
• The carrier has a principal place of business in the province;
• The carrier has an establishment by which the contract has been made (did they sell the ticket in Ontario); or
• The final destination of the flight was in Ontario.

Who Can Be Held Liable For An Airplane Accident?

Determining liability after an airplane accident depends on the cause of the incident, the parties involved, and the laws governing the flight.

In some cases, an airline or aircraft operator may be legally responsible for injuries sustained by passengers. In other circumstances, a claim may involve additional parties whose actions or omissions contributed to the accident.

Potentially responsible parties may include:

• Airlines and aircraft operators
• Aircraft manufacturers
• Maintenance companies
• Airport service providers
• And other individuals or organizations involved in flight operations.

For example, an accident caused by a defective aircraft component may raise questions about manufacturer liability. In these circumstances, our Toronto defective product lawyers may be able to assess whether a product-related claim is available.

The Transportation Safety Board of Canada investigates selected aviation occurrences to identify causes, contributing factors, and safety deficiencies. However, its investigations do not determine civil liability. Establishing legal responsibility may require a separate assessment of the available evidence.

For international passenger flights, the Montreal Convention may impose liability on an airline without requiring passengers to establish negligence in the same manner as an ordinary negligence claim.

How Long Do You Have To File An Airplane Accident Claim?

The time available to pursue an airplane accident claim depends on the circumstances and the applicable law.

Under Ontario’s Limitations Act, 2002, many personal injury claims are subject to a basic two-year limitation period, generally calculated from when the claim was discovered. Exceptions and special rules may apply.

For qualifying international flights governed by the Montreal Convention, Article 35 generally requires an action to be commenced within two years, calculated from the date the aircraft arrived at its destination, should have arrived, or the carriage stopped.

These rules are not necessarily interchangeable. An airplane accident lawyer can assess which limitation period applies and whether other notice requirements or deadlines affect the claim.

Because evidence may become harder to obtain over time, injured passengers and families may benefit from seeking legal information soon after an accident.

Frequently Asked Questions About Airplane Accidents In Toronto

Can I Sue An Airline If I Was Injured During A Flight?

You may be able to bring a claim against an airline if you suffered injuries during a flight. The legal requirements depend on the circumstances of the incident and whether the flight was domestic or international.

For qualifying international flights, the Montreal Convention establishes rules governing airline liability for bodily injuries caused by an accident on board an aircraft or during boarding or disembarkation.

Can I Claim Compensation For Injuries Caused By Airplane Turbulence?

Potentially. Severe turbulence can cause passengers to suffer fractures, head injuries, spinal injuries, and other serious harm. Depending on the circumstances, an injury caused by unexpected turbulence may qualify as an accident under the Montreal Convention or give rise to another type of legal claim.

The availability of compensation depends on factors such as the nature of the incident, the injuries sustained, and the applicable law.

What Compensation Can I Receive After An Airplane Accident?

Depending on the circumstances and applicable law, injured passengers may be able to claim compensation for medical and rehabilitation expenses, lost income, reduced earning capacity, pain and suffering, and future care needs.

The amount and types of damages available depend on the injuries, supporting evidence, and legal framework governing the claim. There is no guaranteed amount of compensation for an airplane accident injury.

Can I File An Airplane Accident Lawsuit In Toronto If The Crash Happened Outside Canada?

In some circumstances, yes. A passenger injured during an international flight may be able to pursue a claim in Ontario even if the accident occurred outside Canada.

The Montreal Convention establishes specific rules about where qualifying airline claims may be brought. These rules consider factors such as the airline’s place of business, the destination, where the transportation contract was made through an establishment of the carrier, and, in qualifying personal injury or death claims, the passenger’s principal and permanent residence.

A Toronto aviation accident lawyer can help determine whether an Ontario court has jurisdiction over a particular claim.

Can Family Members Sue After A Fatal Airplane Accident?

Eligible family members may have grounds to pursue compensation following a fatal airplane accident.

Depending on the circumstances, claims may arise under the Montreal Convention, applicable Canadian legislation, or provincial wrongful death and family compensation laws.

Our Toronto wrongful death lawyers can review the circumstances and explain what legal options may be available to surviving family members.

Can I Sue For Psychological Injuries After An Airplane Accident?

The answer depends on the applicable law and the nature of the injury.

Under the Montreal Convention, claims for standalone psychological injuries can face significant legal restrictions because Article 17 addresses death or bodily injury. However, psychological harm associated with a physical injury may be treated differently.

Other legal frameworks may recognize claims involving serious psychological injuries in appropriate circumstances. A lawyer can assess the specific facts and applicable law.

Do I Need A Lawyer For An Airplane Accident Compensation Claim?

You are not necessarily required to hire a lawyer to pursue an airplane accident claim. However, aviation claims can involve complex liability questions, medical evidence, international treaties, and strict procedural deadlines.

Consulting a Toronto airplane accident lawyer can help you understand your rights, the potential value of your claim, and the legal process involved.

Contact Our Toronto Airplane Accident Lawyers

If you or a loved one has been injured in an airplane accident, you may be facing significant medical expenses, lost income, and uncertainty about the future.

At Preszler Injury Lawyers, we understand how difficult the aftermath of a serious aviation accident can be. Our legal team helps injured individuals and families throughout Toronto and Ontario understand their rights and explore their options for seeking compensation.

Whether your injuries occurred during a commercial flight, private plane accident, or international airline incident, we can review your circumstances and explain how we may be able to assist.

Contact Preszler Injury Lawyers today for a free consultation. Fill out our online contact form or call 1-888-608-2111 to speak with our team about your potential airplane accident claim.

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