Serving all of Florida
Florida Aviation Accident Lawyer
I spent nearly two decades defending insurance companies in crash cases. Now I use everything I learned to fight for you.
— Emanuel Galimidi, former insurance-defense attorney
Main Office Miami · In person or by video, anywhere in Florida
Injured on a flight or in an aircraft accident? Does the Montreal Convention or Florida law apply?
A serious aviation injury can involve more than what happened inside the cabin. Who was responsible for the aircraft or the boarding area, what medically caused the injury, and what evidence still exists may all be disputed. I handle aviation injury claims with those questions in view, drawing on nearly two decades representing insurers before representing injured people.
International and domestic claims follow different law. For carriage covered by the Montreal Convention, Article 17 addresses death or bodily injury caused by an “accident” on board or during embarking or disembarking. Coverage depends on the agreed itinerary and the treaty’s scope; a domestic leg can form part of international carriage. You still have to prove the qualifying accident, the resulting death or bodily injury, and recoverable damages. The treaty’s liability threshold is not a promised payment or a cap on recoverable damages. For damages above the applicable threshold, the airline avoids liability for that excess only if it proves that the damage was not caused by negligence or another wrongful act or omission by the airline, its employees or its agents, or was caused solely by such conduct of a third party. Claimant fault can reduce or eliminate recovery under Article 20. You must sue within 2 years (Article 35), and courts apply that deadline strictly.
For claims outside the Convention, applicable federal and state law—including Florida law where it governs—must be evaluated, along with federal preemption issues. Claims against the makers of an aircraft or its parts can be cut off by a federal law (GARA). Injuries at the airport depend on who controlled the area, and government-run airports have notice rules. Each path has its own rules and its own clock, so it’s critical that I look at your case early.
The facts that matter
- International flights
- Montreal Convention — strict 2-year limit (Art. 35)
- Domestic / general aviation
- Federal and applicable state law; deadlines vary by claim
- Manufacturers
- A federal cutoff law can end late claims (GARA)
- What it costs
- Free case review · no fees or costs unless we recover for you
Our aviation work
Aviation matters requiring detailed investigation
Our published aviation matters include an in-flight medical emergency and a jet-bridge injury in which responsibility for the walkway was disputed.
Confidential — In-flight medical emergency
Our client suffered a medical emergency on an overseas flight home and spent months in intensive care. To prove the airline could have limited the harm, we reconstructed the flight minute by minute: which airports were within reach for a diversion at each point, and which had a trauma-level hospital nearby. The case resolved on confidential terms.
Confidential — Airline jet-bridge injury
Our client tripped on a defective jet bridge while boarding a major airline’s flight. The airline disputed responsibility for the walkway. The case resolved on confidential terms.
These results are examples and are not typical. Every case is different, and the outcome of any matter depends on its specific facts. Past results do not guarantee or predict a similar outcome in any future case.
What they do
How insurance companies try to cut what they pay
The threshold is not a damages cap
The threshold is not a cap on proven damages. Above it, Article 21 gives the airline specific defenses; claimant fault can also affect recovery. The FAQ below explains the two-tier rule.
Blame the passenger
They argue your own movement or condition caused the injury, not the 'accident.'
Run out the treaty clock
They delay, knowing the 2-year Montreal deadline is strict and unforgiving.
Next steps
What to do next
Get medical care & keep records
Document your injuries and all treatment from the start.
Keep your ticket and itinerary
Your boarding pass and itinerary can prove the flight was international. That decides which law applies.
Identify carrier, operator & maker
Note the airline or operator and, for crashes, the aircraft and component makers.
Act early
Two years goes by fast while you’re healing. The evidence that decides these cases (crew reports, maintenance logs, flight data) is much easier to get at the start.
Florida law
The rules that decide your claim
Montreal Convention (international)
Covers injuries from an “accident” on board, or while boarding or leaving the plane. That means things like turbulence, a falling bag, a cart hitting you, or an evacuation. A passenger’s medical condition alone usually isn’t an “accident,” but an unusual crew response or an equipment failure can be. The 2-year clock (Art. 35) starts on the day the flight arrived, or should have arrived.
FAA standards (domestic)
Federal aviation regulations set important safety requirements. Whether Florida negligence law also applies depends on the operation, the claim and federal preemption.
GARA repose (manufacturers)
A federal cutoff law (GARA) can end claims against the companies that built the aircraft or its parts once enough time has passed. That's another reason to act early.
Airports & jet bridges
An airport, an airline or a contractor may each have duties for a boarding area or jet bridge. Who controlled and maintained it matters as much as where you fell. Deadlines depend on the claim and the responsible party, and claims involving a government entity can have separate written-notice and presuit requirements. Don’t assume every airport or jet-bridge injury has the same filing deadline.
In-flight medical emergencies
Medical emergencies on international and domestic flights follow different rules.
On an international trip, the first question is whether something unusual or unexpected happened that caused additional injury. On a domestic flight, the duties involved and the claims available call for a different analysis. Either way, a serious illness on board does not, by itself, prove the airline did anything wrong.
International flights (Montreal Convention)
The airline is liable for an “accident” on board. A passenger’s medical condition alone usually isn’t one. But an unusual or unexpected crew response can be, and so can an equipment failure. The U.S. Supreme Court held that a flight attendant’s repeated refusal to move a passenger with asthma away from the smoking section could be an accident (Olympic Airways v. Husain, 2004). In Arzu v. American Airlines (2026), the Fifth Circuit rejected the claim that the crew’s response was an accident, but let the disputed claim that the onboard defibrillator failed go forward. The treaty’s 2-year deadline applies.
Domestic flights
On a flight within the U.S. that isn’t part of an international trip, the treaty doesn’t apply. The questions include what the crew knew, what help and equipment were available, who had authority to divert, and whether diverting was realistic. Some state-law claims about how an airline handles an onboard emergency may be barred by federal preemption. A 1998 federal law also limits an airline’s liability when it seeks help from a passenger it believes in good faith is medically qualified. Deadlines depend on the claim, the defendant and the court.
A careful investigation looks at the crew’s decisions, the emergency options actually available, the medical timeline, and expert opinions on whether a different response could have prevented additional harm. Airline manuals, crew training and FAA equipment rules are evidence to examine, not automatic grounds for a claim.
More: Montreal Convention guide · For lawyers: referrals and co-counsel
Track record
Results from a lawyer who knows the other side
The firm has recovered real money for injured Floridians, including confidential settlements and settlements for the most the policy pays.
Each case is different and past results do not guarantee a similar outcome.See more results →
Client reviews
What clients say
“He helped my elderly father get a settlement with an airline after an injury. Extremely professional and communicative. Highly recommend.”
— Jaime · Avvo“The kind of attorney everyone hopes to find — honest, thorough, dedicated. My situation didn’t even become a case, yet he patiently walked me through every option.”
— Rev. Sonia · Avvo“I never once felt like just another file; my well-being was his priority. We achieved the maximum possible outcome for my case.”
— Luciana Neves · Google“All the information & sources Emanuel provided were extremely helpful. Not only was he able to talk things through with me, but followed up afterwards to touch base. Would highly refer to him to anyone who may need his expertise.”
— Priscilla · AvvoReviews reflect individual clients’ experiences. Prospective clients may not obtain the same or similar results. Reviews are from the firm’s Google and Avvo profiles.
In-depth guides
Specific situations, answered
- Hurt on an International Flight? The Montreal Convention, Its Two-Year Deadline, and What It Pays
- Injured by Turbulence on a Flight: When the Airline Is Responsible
- Private Plane Crash Lawsuits in Florida: Who Can Be Responsible
- Helicopter Tour and Charter Crashes in Florida: The Rules Operators Must Follow
- Hurt Boarding or Leaving a Plane at Miami International: Airline, Airport, or Both?
Questions people ask
Aviation Accidents FAQ
Is my case under the Montreal Convention or Florida law?
The agreed itinerary and the Convention’s scope determine whether the Montreal Convention applies; a domestic leg can form part of international carriage. For claims outside the Convention, applicable federal and state law, including Florida law where it governs, and federal preemption issues must be evaluated.
Is the airline automatically liable?
Not automatically. You must prove a qualifying “accident” caused death or bodily injury, and establish recoverable damages. For proven damages up to the applicable threshold, the airline cannot avoid liability merely by showing it was careful. For damages above the applicable threshold, the airline avoids liability for that excess only if it proves that the damage was not caused by negligence or another wrongful act or omission by the airline, its employees or its agents, or was caused solely by such conduct of a third party. Claimant fault can reduce or eliminate recovery under Article 20.
What about a helicopter or charter flight?
The governing law depends on the itinerary, operator, location and claim. Helicopter and charter flights may fall under the Montreal Convention when they qualify as international carriage. Otherwise, applicable federal and state law must be evaluated; Florida law does not automatically govern.
Who can be held responsible?
Depending on the facts: the airline or the company operating the aircraft, the maintenance companies, and the companies that built the aircraft or its parts.
Can I sue if an airline didn’t divert for a medical emergency?
Sometimes. On an international trip, the question is whether something unusual or unexpected happened, like an unusual crew response or an equipment failure; a medical emergency by itself is not enough. On a domestic flight, it depends on what the crew knew, what options were realistic, whether a different decision would probably have prevented additional harm, and whether federal law limits the claim.
Are domestic and international medical-emergency claims governed by the same law?
No. International trips covered by the Montreal Convention follow the treaty’s “accident” rule and its 2-year deadline, and a domestic leg booked as part of an international trip can be covered too. Purely domestic flights generally involve federal aviation law, state negligence law and federal preemption questions. The analysis, the defendants and the deadlines can all differ.
How do lawyers decide whether earlier medical care would have changed the outcome?
With evidence: the medical timeline, the treatment window for that condition, what care could actually be reached and when, and opinions from qualified medical and aviation experts. A serious illness on board does not prove that earlier care would have changed the result.
How long do I have to file?
International claims under the Montreal Convention must be filed within 2 years, counted from the arrival, the scheduled arrival or the day the trip stopped (Art. 35). It’s a strict deadline. For domestic claims, Florida generally allows 2 years for negligence claims that arose after March 24, 2023 (§ 95.11(5)(a)), but the type of claim, the governing law, the defendant or the date the claim arose can change that. Don’t wait to find out.
I was sprayed with insecticide on an international flight. Do I have a claim?
Some countries require airlines to treat the cabin with insecticide (“disinsection”). Routine spraying alone doesn’t make a claim: you have to show that an unusual or unexpected event, external to you, caused a bodily injury. Keep your boarding pass, get medical care, and write down what happened while you remember it. Get legal advice promptly: the Montreal Convention’s 2-year filing period runs from arrival at the destination, the scheduled arrival, or when the trip stopped, not from your diagnosis.
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