Delta Air Lines’ $30,000 offer: A generous gesture or legal strategy?

Delta Air Lines recently made headlines by offering $30,000 to passengers of a flight that crash-landed at Toronto Pearson International Airport. While public relations experts praised the airline’s swift action, legal experts caution that passengers should carefully evaluate the offer before accepting it.

Delta’s spokesperson confirmed that the payment comes with “no strings attached and does not affect rights.” However, legal professionals warn that the situation may not be as straightforward as it appears. John Carpenter, a personal injury attorney and cofounder of Carpenter & Zuckerman Law Firm, emphasized that recipients should be vigilant about the fine print.

“They’re going to ask them to sign something, an acknowledgment, and then what you find very often is you’ll check a box for terms of use,” Carpenter told Fortune. Passengers should be particularly wary of terms such as “release,” “waiver,” “setoff,” “reimbursable,” “assignment,” “confidentiality,” “non-disparagement,” and “arbitration.” These clauses could indicate hidden conditions that might limit their rights to seek further compensation.

While $30,000 may seem like a generous sum, aviation attorney Timothy A. Loranger of Wisner Baum warns that it may be insufficient for those who suffered serious physical or psychological trauma.

“All passengers likely experienced emotional distress, with some suffering severe psychological trauma due to the terrifying nature of the crash,” Loranger explained. “For those with significant injuries, $30,000 may be grossly inadequate and far from full compensation.”

Despite this, Loranger reassured that accepting the payment does not necessarily prevent passengers from pursuing additional damages through litigation. He advised that passengers carefully consider both short-term and long-term health effects before agreeing to any settlement.

The Delta flight, operated by Endeavor Air, was traveling from Minneapolis-St. Paul International Airport to Toronto when it overturned upon landing. While all 80 onboard survived, 21 passengers were injured. As of Thursday, all injured individuals had been released from the hospital.

Under international aviation agreements such as the Warsaw and Montreal Conventions, airlines are required to pay at least $20,000 per passenger in the event of fatalities. However, payments for injuries remain at the airline’s discretion and do not imply liability. If passengers pursue lawsuits, any settlement payments received from Delta could be deducted from their total compensation.

Legal and political communications expert Amanda Orr sees Delta’s move as a calculated PR strategy. “By offering the money, it gives the public an idea that they care about their passengers and want to make things right,” she said. The airline’s approach is also an effective form of damage control.

While some passengers may accept the money and avoid legal action, others will likely consult attorneys to assess their best course of action. Nevertheless, the offer reinforces Delta’s image as a responsible and customer-focused airline, even as legal considerations loom in the background.

While Delta’s financial offer to passengers appears generous, recipients must proceed with caution. Consulting with legal professionals before signing any documents is advisable to ensure that their rights remain intact. In the aftermath of such a traumatic event, affected passengers should make informed decisions to secure the compensation they deserve.