Malaysia Airlines Flight 370: Families Of Victims Could Receive Up To $8 Million In Damages If Filed In US Court, International Treaty Forces Airline To Pay Relatives Of Each Passenger

The search for Malaysian Airlines Flight 370 is still underway and while families wait for news of their loved ones, attorneys will seek legal action against the airline.

Under an international treaty known as the Montreal Convention, Malaysia Airlines must pay relatives of each deceased passenger an initial sum of around $150,000 to $175,000, CNN Money reports.

If the lawsuits are filed in the US, families of victims may receive even more.

Relatives of victims can also sue for further damages, unless Malaysia Airlines can prove that it took all necessary measures to prevent a crash or any other incident that prevented passengers on Flight 370 from arriving safely.

"It's going to be extremely difficult for Malaysia Airlines to plead absence of negligence" when the plane is missing, said Brian Havel, a law professor and director of the International Aviation Law Institute at DePaul University. "The negligence may have even begun in the process of accepting stolen passports."

Monica Kelly, an attorney at Ribbeck Law Chartered who plans to file suit against Malaysia Airlines and Boeing, believes that based on her experience, families could receive between $400,000 and $3 million in damages, CNN Money reports.

However, it could take two years before they see the money, she said.

But because plaintiffs tend to be awarded much larger sums in U.S. courts than in other countries, the amount paid out to victims' families could be as large as $6 million to $8 million, according to Mike Danko, an aviation lawyer with Danko Meredith.

U.S. attorneys are already on the ground in Beijing, where many relatives are awaiting news of their loved ones in a hotel.

But most claims will likely be settled out of court, Havel said.

The first claims for the missing airliner itself have already been paid. Insurer Allianz Global Corporate & Specialty said Wednesday it and other firms "have made initial payments" of an unspecified amount on so-called hull and liability policies that are part of "our contractual obligations where an aircraft is reported as missing."

239 people from 14 different nationalities were on board Malaysia Airlines Flight 370.

But dollars will not ease the pain felt by families who await any news or updates about their missing family members. Families of the passengers have gathered in Kuala Lumpur and Beijing (the flight's departure and intended arrival cities), waiting for authorities to give new information.

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Malaysia Airlines
Malaysian Airlines MH 370
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