Flydubai Compensation May Reach Millions, But Depends on Proven Damages

Following the recent frightening Flydubai flight incident, questions about passenger compensation are emerging. While Israeli passengers were physically unharmed, some may suffer psychological repercussions. Reports suggesting automatic compensation of hundreds of thousands of dollars per passenger are misleading, according to aviation law expert Asher Rotbaum. He explained that experiencing a frightening event is insufficient for significant compensation; demonstrable medical and psychological damage, supported by professional assessments, is crucial.

Rotbaum elaborated that compensation amounts are highly individualized and depend on the actual harm sustained. If a passenger develops significant post-traumatic stress disorder, impacting their ability to work and function, compensation could be substantial, covering past and future lost earnings, treatment costs, and lifestyle changes. He noted that a CEO whose career requires frequent travel might receive far more than a teacher if their ability to earn is severely affected. The potential for compensation ranges from tens or hundreds of thousands of shekels to millions in cases of severe, long-term income loss.

Flydubai can challenge medical claims, and courts may appoint independent medical experts to assess the true extent of damages and their link to the flight incident. Psychological damage may not be immediately apparent, requiring time for assessment, but passengers must file claims within the two-year statute of limitations under the Montreal Convention. Rotbaum advised caution against both premature assessments and prolonged delays.

Finance expert Shaher Golomb added that historical precedents for compensation in aviation emergencies vary widely. While initial gestures might be thousands of dollars, court-awarded damages can be much higher. He cited a British Airways case where passengers held hostage received an average of approximately 239,000 euros per person, and a TWA incident where a passenger with ongoing anxiety received $50,000. Golomb cautioned that while the potential for large sums exists for Flydubai passengers, actual compensation will hinge on proven damages, treatment needs, functional impairment, and earning capacity impact.