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Can I take legal action, would this be small claims?

Boston, MA |

Can I take legal action against an Airline for mistreatment, itinterary manipulation and unprofessionalism?

Attorney Answers 2

Posted

You could file suit against the airline if what they did amounted to an actionable claim. Depending on the details of what actually happened, you might have a claim against the airline for intentional infliction of emotional distress or negligent infliction of emotional distress, among others. The larger question, though, is whether or not your claim is viable. In Massachusetts, punitive damages are awarded only in very limited circumstances. In most cases, the amount of compensation you could receive is limited to the harm you actually suffered. So unless the airline did something really egregious, your damages are not likely to be very high. Many lawyers would hesitate to take a case with small damages on a contingency fee basis because the cost of pursuing the claim would be more than they could hope to recoup in fees. That said, you could try to pursue a case in small claims court on your own, though there are limits to how much money you can obtain in small claims court. The small claims process is fairly informal, so that people can proceed on their own. You should consult a lawyer before you decide how to proceed, because the viability of your claim is really dependent on the specific details of your case. Many lawyers do not charge for an initial consultation. If you are not sure, ask the lawyer up front whether that first consultation will be free. Good luck!

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Posted

As a practical matter. No lawyer would represent you on a contingency fee basis. Your damages are too small to make it worth getting a lawyer involved. You could certainly send a claim letter directly to the airline. However, the overwhelming likelihood is that you will not get any satisfaction.

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