Delta offers $30,000 to each passenger aboard plane that crashed in Toronto; lawsuit filed

Injury law firms have already been soliciting injured passengers. At least one federal lawsuit was filed by a passenger against Delta in Georgia on Thursday, seeking an unspecified damage total more than about $200,000.

The complaint alleges that passenger Marthinus Lourens was “seriously and permanently injured” during the crash and evacuation and suffered “severe emotional distress and mental anguish” due to the experience.

Delta declined to comment on pending litigation.

There were 76 passengers on board Flight 4819, operated by Delta Connection carrier Endeavor Air from Minneapolis/St. Paul to Toronto Pearson International Airport, where the plane crashed on landing, caught fire and flipped over upside down on the airfield.

There were no fatalities, but 21 people were taken to hospitals with injuries. By Thursday morning, all passengers had been released from the hospital, according to Delta.

If Delta pays $30,000 to all of the passengers who were on board, that would be more than $2.2 million.

Delta said its representatives are also helping customers with hotels, meals, transportation and other needs.

The airline is working to get baggage from the plane and other personal belongings back to customers. However, the full process of identifying and cleaning all of the belongings could take weeks, according to the company.

Legal issues

There are international treaties that govern airline liability. In its contract of carriage, Delta says it will make advance payment to meet “immediate economic needs of, and hardship suffered by” passengers who suffer bodily injury or death.

It also says such advance payment is an advance against its liability under international treaties, and does not mean the airline is acknowledging liability.

Lourens’ complaint argues the airline “breached their duty of care” during the incident and that he suffered “significant” injuries to his head, neck, back, knees and face.

It also alleges that Delta and Endeavor “offered inadequate assistance and instructions or directions” during the evacuation.

Meanwhile, law firms in Canada have been seeking to represent passengers from Flight 4819. Toronto law firm Rochon Genova LLP said it has already been retained by some passengers from the flight.

Toronto personal injury law firm Howie Sacks & Henry LLP and Vancouver-based CFM Lawyers also invited passengers or their loved ones to contact them for a consultation “to discuss your legal rights and concerns.”

“We are dedicated to providing attentive, compassionate support and pursuing justice for passengers and family members affected by aviation accidents,” the law firms said in a news release this week.

Delta response

Delta disclosed Thursday that the captain of Flight 4819 was hired in 2007 by Mesaba Airlines, which was acquired by a carrier that eventually became Endeavor Air, a Delta subsidiary. He had also worked in flight training and flight safety, according to Delta.

The first officer was hired in January 2024, completed her training in April and has been flying for Endeavor since then, according to Delta. “As with any airline pilot, her flight experience exceeded the mandated minimum requirements set by U.S. federal regulations,” the airline said.

There are Delta and Endeavor employees in Toronto to cooperate with the investigation of the crash by the Transportation Safety Board of Canada, which is being assisted by the U.S. National Transportation Safety Board.

On Wednesday, the crashed aircraft was removed from the runway at the Toronto airport, a process that took several hours using specialized equipment. The Transportation Safety Board granted permission for the removal, according to Delta, whose TechOps workers helped with the job.

Hundreds of Delta employees are responding to the Toronto crash, including the incident response team deployed to Toronto.

More than 170 Delta employees have been helping with a phone service for family members of passengers on the plane seeking information from Delta and working with the incident response team to coordinate hotels, meals and transportation for the passengers from the plane.

“We will continue to connect one-on-one with customers, employees and loved ones as we move forward to make sure their needs are met with care,” Delta CEO Ed Bastian said in a written statement Thursday.

Editor’s note: This story was updated to include details of litigation filed against Delta in Georgia.