No Win, No FeeIt’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 someone 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.
Am I Entitled to Compensation for a Train Accident?
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 a train accident if:
- The defendant in your case breached their duty of care by being negligent; and
- An accident onboard a train or within the train station occurred; and
- You sustained injuries that can be directly linked to your accident.
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.
Common Examples of Train Accident Claims
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 Train Injuries Can I Claim For?
In principle, anything but the most minor of injuries could be claimed for in a train accident claim, for instance:
- Head injuries including concussion.
- Soft tissue injuries.
- Ankle sprains.
- Arm injuries.
What Evidence Do I Need for a Train Accident Compensation Claim?
If you are injured on a train or at a train station, obtaining evidence of negligence is important if you later decide to begin a personal injury claim. While it might seem a little time-consuming, it could improve your chances of receiving a compensation payout. As such, following a train accident, you should try to obtain:
- Accident report: A copy of the report made to the train operator or station staff.
- CCTV footage: Video evidence from the train, station, or platform.
- Photographs: Images of the accident scene, hazards, or injuries.
- Medical records: Documentation of injuries and treatment received.
- Witness details: Contact information and statements from anyone who saw the train accident.
- Travel documentation: Tickets or receipts proving your presence on the train or at the station.
- Communications: Emails or letters sent to the train operator about the incident.
- Maintenance records: Evidence of any negligence in maintaining the train or station facilities.
- Police report: If the incident was reported to the police, a copy of their findings.
- Proof of financial losses: Receipts or statements for expenses such as travel, medical costs, or lost earnings.
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.
What Is the Time Limit to Make a Train Accident Claim?
If you’re injured at a train station or on a train, you’ll have 3-years to lodge 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 normally 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.
How Much Compensation for a Train Accident Can I 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 instance, 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.
- 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.
- 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.
Can I Claim for Loss of Earnings Due to My Train Accident?
If you’re laid up after a train accident and cannot work, you might lose money if your employer doesn’t offer full sick pay. In this scenario, you could claim back any lost income for the period when you were injured.
Additionally, longer-term injuries that reduce your ability to work or earn as much as in the past could allow you to claim for future lost earnings too.
Will I Need a Solicitor to Claim Train Accident Compensation?
Having a solicitor for a train accident claim might be advisable but it is not mandatory. That said, a specialist personal injury solicitor should have the skill to fight your corner and try to negotiate a fair compensation amount rather than taking the first offer tabled by the defendant’s insurer.
It’s probably fair to say that no one 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 Frequently Asked Questions
How Will My Solicitor Determine the Extent of My Injuries?
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 are normally 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.
Can I Claim for Ongoing Medical Costs Due to My Train Accident?
Your train accident compensation claim could also cover any physiotherapy, private hospital treatment or other medical expenses linked to your injuries. If these are likely to continue into the future, you should include them in your claim so that you’re not left out of pocket if the case is won.
How Long Do Compensation Claims Typically Take?
The duration of train accident compensation claims varies from case to case. In basic claims where only minor injuries were sustained, claims might be settled in around 3 or 4 months.
More complex cases that require more detailed information about your prognosis can take around 9 months and could exceed a year if liability is contested.
Start a Train Accident Compensation 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.
