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Train Accident Claims – How Much Compensation Can I Claim?

It’s probably fair to say that travelling by train is one of the safest ways to get around. That said, while major incidents on trains are relatively rare, accidents on trains and in train stations do still happen. If you have been injured on a train, on a platform or within the station and the accident was caused by somebody else’s negligence, it’s possible you could be compensated. Our article about train accident claims will show you the sorts of incidents that might lead to a claim and what any compensation payment could cover.

To help you understand your options, we can provide a no-obligation consultation over the phone. One of our specialists will answer your questions and offer free legal advice after assessing how your train accident happened. One of our personal injury solicitors may agree to help you claim using our No Win, No Fee service if your case is sufficiently strong. If they do, you’ll only pay legal fees if compensation is awarded.

For more information on lodging a train accident claim, please continue reading, or call us on 0800 652 1345 to speak to someone right now.

Can I claim compensation for a train accident?

According to the law, train companies have a duty of care towards all passengers who use their services. This means it is the train company’s duty to make sure that you are safe from any harm at all times whilst you are on their premises and using their services. This duty of care begins from the time you enter the station, right through the train journey and until the time that you exit the station at your destination.

As such, you could be entitled to seek compensation for an accident:

  • On a train.
  • On the station’s platform.
  • Inside the station.
  • While in a shop or food outlet within a train station.

Before accepting a train accident claim, our personal injury solicitors will need to evaluate the likelihood of you being compensated. To determine this, during a free consultation they will investigate whether the defendant was negligent, if their negligence resulted in a train accident, and if you sustained injuries or became ill as a result.

Who would I make a train accident claim against?

Train accident claims could be made against train operators, Network Rail or retailers based inside train stations. Regardless of who you are claiming against, you’ll need to prove why they were to blame for your accident and injuries. We believe this is a lot easier if you’re represented by a solicitor who specialises in personal injury claims.

If you believe that you should be compensated for a train-related accident, please contact our team today.

Examples of train and train stations accidents

Train stations can be very busy places, especially during rush hour periods. Even when train stations are quiet, there is always the potential for accidents to happen if care is not taken to protect train passengers. We won’t list every potential train accident that could occur in this guide but we have detailed some common scenarios below:

  • Furniture-related injuries. Getting a seat on a train isn’t always the easiest thing to achieve but if you do sit down and injure yourself because the seat is damaged, a personal injury claim might be possible. The same is true for platform benches and chairs and tables inside the station.
  • Slips and trips. Defective paving, wet floors from spillages that are not mopped up promptly, discarded litter such as broken glass pieces or slippery fruit peels left lying on the platform or train floor create hazards that result in slipping and tripping.
  • Barrier accidents. In the majority of train stations these days, ticket barriers are used to control access to the platforms. The gates should only open and close when it’s safe to do so. Therefore, if you’ve been trapped and injured by a train station barrier, you could be entitled to claim compensation.
  • Issues related to food and drink. Buffet cars are a common feature in many trains that run across the UK. The presence of boiling hot liquids in a moving train increases the risk of scalds or burn injuries. There is also the possibility of passengers suffering from food poisoning from foods that may have been left unrefrigerated too long in transit.
  • Escalator or lift accidents. Many train stations have lifts and some have escalators to make it easier to move around. If you’re injured by a poorly maintained escalator or you are trapped in a broken lift for any period of time, you may have grounds to claim compensation.

Please let us know if you’ve been injured in a train accident. We’ll assess what happened with you and let you know if we believe that you should be compensated.

What types of injuries can I claim for?

In principle, anything but the most minor of injuries could be claimed for in a train accident claim, for example:

How will my solicitor know how bad my injuries are?

In a personal injury claim, the severity of any injury will mainly dictate how much compensation you’ll receive (if the claim is successful). As such, claimants might be asked to attend a medical as part of the train accident claims process.

Where this is the case, your solicitor will book an appointment on your behalf where your injuries will be examined by an independent specialist. They shall also review any medical records and speak with you about the impact of your injuries.

Your solicitor will receive a report following the medical that will be helpful when calculating how much compensation you could be entitled to.

How much compensation do I get for a train accident claim?

Train accident claims should reflect how you’ve been affected by your injuries. This can equate to physical injuries, psychological injuries and any associated financial costs. For example, if you win your claim, you might receive damages that cover:

  • The pain and discomfort caused by your physical injuries.
  • Any emotional problems such as distress or anxiety relating to the accident.
  • Loss of enjoyment of hobbies or family activities caused by your injuries.
  • Any income you’ve lost.
  • Care costs to cover the time that another person has spent assisting or supporting you.
  • Medical costs (physiotherapy, prescription fees etc).
  • Damaged property costs (clothes, mobile phone, jewellery etc).
  • Travel expenses.
  • Future lost income if you suffer a more serious injury.
  • Modifications to your vehicle or home to make it easier to cope with any permanent disability.

Your solicitor will go through everything with you before filing your train accident claim as you can’t make more than one claim for the same incident.

Providing proof for a train accident claim

If you are injured on a train or at a train station, there are some steps you could follow that may help if you later decide to begin a personal injury claim. While they might seem a little time-consuming, they could improve your chances of receiving a compensation payout. As such, following a train accident, you should:

  1. Report the accident. Speak to the train guard or a member of staff on the platform to tell them what has happened. You could follow this up with an email to the train company to ensure an accident report was filed.
  2. Take photographs. It can be really helpful if you can take photographs of what caused your accident at the time you were injured. If possible, take photographs from various positions, and of your injuries too.
  3. Speak to witnesses. If anybody else saw what happened, you should ask them for their contact details. Later on, they might be contacted by your solicitor for a statement if the train operator denies your version of events.
  4. Seek medical treatment. After your train has arrived, you should go to a hospital, GP surgery or minor injuries unit as soon as you can. By doing so, your injuries will be diagnosed and treated properly and recorded in your medical notes.
  5. Ask for CCTV footage. These days, most trains and train stations are covered by CCTV cameras. If your accident was recorded, you’re within your rights to ask for a copy of the footage. You will need to act quickly though because data is usually only stored for a few weeks.

You don’t need to have all of the proof listed here to start your claim. If one of our personal injury lawyers believes there are grounds to continue, they’ll help you to secure any additional information they need.

No Win, No Fee claims

It’s probably fair to say that nobody wants to risk losing money when making a personal injury claim. Our specialist solicitors realise that and so they offer a No Win, No Fee service for all personal injury claims. That means they take on the financial risks so that you don’t have to.

Before your claim begins, you’ll be sent a No Win, No Fee contract. It will show you that:

  • Your solicitor can start working without being paid upfront.
  • No legal fees will be payable if your train accident claim fails.
  • You’ll only pay a success fee if compensation is awarded to you.

Once you’ve signed up to work with your solicitor, their main goals will be to:

  • Manage your claim from start to finish.
  • Deal with all communication with the train operator’s insurers.
  • Collect as much proof as possible to support your claim.
  • Keep you up to date about how the claim is progressing.
  • Fight your corner and try to counter any arguments raised by the train company.
  • Review any settlement offers with you to try and make sure they compensate you fairly.

To see if you could make a train accident claim with a No Win, No Fee solicitor, please call today.

Train accident claims time limits

If you’re injured at a train station or on a train, you’ll have 3-years to make a claim for personal injuries. In the majority of cases, this limitation period would start from the date of the train accident. However, for train accident claims involving children, the 3 years does not start until they turn 18 years old. That means a parent or responsible adult can become their litigation friend and claim at any time before then.

If a person with limited mental capacity is injured in a train accident or has been left unable to manage their own affairs, i.e from a brain injury, they could also have a litigation friend appointed to represent them in legal proceedings. If not the time limit would start from when they’re able to deal with the process themselves.

As there is usually some proof gathering to do before your claim is filed, we think it’s better to get started as soon as possible. In theory, an early start will also mean you’ll receive a settlement sooner if the claim is won.

To see how long you have left to make your train injury claim, please get in touch today.

Start a train accident claim today

Our team is ready to help if you’ve been injured on a train or at a train station. To start the ball rolling, simply call 0800 652 1345 and discuss what happened with one of our specialists. During your no-obligation telephone consultation, your chances of being compensated will be assessed and you’ll get free legal advice on what to do next.

If the claim has a realistic chance of success, one of our No Win, No Fee solicitors may agree to work for you. If they do, you’ll only have to pay for their representation if you receive a compensation payout for your train accident.

If you’d like to find out more about train accident claims please call or connect with us via our free chat service, or arrange your free consultation here.

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