Flight delay claim compensation is your right and you should be able to get it, given it’s a condition where you are entitled to it. However, many a time, people lose their claims due to some mistakes they make while making the compensation claim. It is extremely important to prepare yourself beforehand. This is actually more applicable in court claims and litigations where a single mistake can cost you a lot. Here are four mistakes that you should avoid at every cost and look out for while claiming flight delay compensation.
Wrong name of the defendant
While filing the claim, make sure you are naming the defendant, the airline company, properly. Just naming the airline in a casual way is not the way to do it. Since it is a legal claim, ensure that the name is as it appears in the defendant’s legal papers. If you fail to name the defendant properly, your claim has a possibility of being struck at the Court. On the other hand, your trial could also end up unsuccessfully. The defendant must be correctly, legally identified to bring you at a fair chance of winning the claim.
Not having claims and proofs in place
The small details matter. You should have all the proof with you in the form of tickets and other documents to make your claim. In order to properly plead the case, you should also make sure you cite all the right regulations, with respect to, the flight details flight distance, and the length of delay. You should be able to support your statutory claim with all these proofs and information.
Not preparing the skeleton argument
Preparing at the earliest is always advisable. This will remove the surprise element in the court proceedings and always leave you better prepared. Given the importance of the skeleton arguments when it comes to UK civil litigation, it will help to prepare it beforehand. This should be done preferably 14 days before the court trial. Your skeleton argument should contain the references to the judgements you will use in your arguments and reasoned justifications as to why the court should favour your claim.
The law states that people have up to six years to bring a flight claim notice to the court in Wales and in England. But, since the clock does not stop ticking until you have filed a claim at the court, it might be just a matter of time before you lose out on your compensation due to time oversight. If your claim is almost six years old and you know that the airline company will be disputing it, you should start court proceedings at the earliest. Also, it helps get claims settled at the earliest, rather than waiting for a later date.
Since children, below the age of 18, cannot file their claims, you might need to appoint a Litigation Friend to file it on their behalf. In order to support this, a certificate of suitability should be filed at the court along with the necessary pleadings.