Air India Plane Crash: What are the Legal Options for Victims and Families?

The devastating crash of Air India Flight AI171 on June 12, 2025, shortly after takeoff from Ahmedabad, has left families grappling with unimaginable loss. With 241 lives tragically cut short, including passengers, crew, and people on the ground, understanding the legal landscape and available options is crucial for victims and their families. This blog post aims to provide a comprehensive overview of the legal avenues available to those affected by the Air India plane crash, ensuring they are equipped to navigate this challenging time.

Understanding Your Rights: The Montreal Convention

When an international flight meets with disaster, the Montreal Convention 1999 steps in as a key legal framework. Both India and the UK are signatories to this convention, which streamlines compensation for victims and their families, irrespective of citizenship. The convention establishes “strict liability,” meaning families may be eligible for compensation without needing to prove fault.

Key Provisions of the Montreal Convention:

Strict Liability: Airlines are liable for damages up to a certain limit, regardless of fault.
Minimum Compensation: The Montreal Convention mandates minimum compensation levels. Legal entitlements, under the Montreal Convention, Indian aviation law, and consumer protection statutes, entitle each victim’s family to at least ₹1.5–1.85 crore.
Simplified Claims Process: The convention simplifies the legal process for claiming compensation, making it easier for families to receive the support they need.

Compensation Amounts: What to Expect

Under the Montreal Convention, families of the deceased are entitled to a minimum compensation. As of June 2025, this translates to approximately ₹1.85 crore (Indian Rupees) per victim. This amount is calculated using Special Drawing Rights (SDRs), an international reserve asset created by the International Monetary Fund (IMF). The value of the SDR is determined by a basket of major currencies.

Additional Compensation:

While the Montreal Convention provides a baseline for compensation, families may be entitled to additional damages if negligence on the part of the airline or another party can be proven. This could significantly increase the total compensation amount.

Who Can File a Claim?

The following individuals typically have the right to file a claim following an aviation accident:

Spouse
Children
Parents
Legal guardian
Personal estate representative
Next of kin

In some cases, individuals who experienced emotional trauma as a direct result of the accident (“danger zone”) may also be able to file a lawsuit.

Potential Defendants: Who is Liable?

Determining liability in an aviation accident can be complex, as multiple parties may be at fault. Potential defendants in the Air India Flight AI171 case could include:

Air India: As the operator of the flight, Air India is responsible for the safety of its passengers and crew. Negligence in maintenance, training, or operations could make them liable.
Aircraft Manufacturer (Boeing): If a defect in the aircraft or its components contributed to the crash, Boeing could be held liable under product liability laws.
Maintenance Providers: If improper maintenance played a role in the accident, the company responsible for maintaining the aircraft could be liable.
Air Traffic Control: Errors or negligence on the part of air traffic control could also contribute to liability.

Types of Claims: Wrongful Death and More

In the aftermath of a plane crash, families may pursue several types of legal claims:

Wrongful Death Claims: These claims seek compensation for the losses suffered by the family as a result of the victim’s death, including funeral expenses, loss of financial support, and loss of companionship.
Personal Injury Claims: If there are any survivors, they can file personal injury claims to recover compensation for medical expenses, lost wages, pain and suffering, and other damages.
Product Liability Claims: If a defective aircraft part contributed to the crash, victims can file a product liability lawsuit against the manufacturer or distributor of the faulty part.

The Importance of Legal Representation

Navigating the legal complexities of an aviation accident claim can be overwhelming, especially during a time of grief. An experienced aviation accident attorney can provide invaluable assistance by:

Investigating the Accident: Conducting a thorough investigation to determine the cause of the crash and identify all liable parties.
Gathering Evidence: Collecting and preserving evidence to support your claim, including flight data recorders, maintenance records, and witness statements.
Negotiating with Insurance Companies: Dealing with insurance companies to ensure you receive a fair settlement.
Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit and representing you in court.
Understanding International Treaties: Expert aviation accident attorneys are familiar with the Montreal Convention.

Statute of Limitations: Act Promptly

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. The statute of limitations for aviation accident cases can vary depending on the jurisdiction and the type of claim. In many cases governed by the Montreal Convention, the statute of limitations is two years from the date of the accident. Consulting with an attorney promptly is crucial to ensure you file your claim within the required timeframe.

Early Compensation and Financial Assistance

Recognizing the immediate financial needs of the affected families, Air India and its parent company, Tata Sons, have announced interim payments. Air India has pledged an interim payment of ₹25 lakh (approximately £21,000) to each of the deceased’s families and the survivor, in addition to the ₹1 crore (approximately £85,000) already committed by Tata Sons.

LIC (Life Insurance Corporation of India) has also eased the procedure of policy settlements for victims’ families. Families can submit government records or compensation proof instead of a death certificate.

Where Can Families File Claims?

Families can pursue claims in multiple jurisdictions:

Country of the Airline’s Principal Place of Business: This is often a primary jurisdiction.
Location Where the Ticket Was Purchased: This can be a viable option, especially if the laws are favorable.
Country of the Victim’s Residence: This may offer convenience and familiarity with the legal system.

Moving Forward: Seeking Justice and Closure

The Air India Flight AI171 tragedy has brought immense pain and suffering to countless families. Understanding your legal options is a critical step towards seeking justice and obtaining the compensation you deserve. By working with an experienced aviation accident attorney, you can navigate the complexities of the legal system and ensure that your rights are protected. While no amount of money can replace the loss of a loved one, pursuing a legal claim can provide financial security and a sense of closure during this difficult time.