If you are injured at a train station or on a train itself because the rail operator or a business was negligent, you could be compensated for your suffering. Whether you’ve been injured on a train station platform or whilst in a shop, café or bar, this guide on train accident claims will show you whether you might be eligible to claim. We’ll also explain how much compensation you could be awarded.
Our team is happy to review your chances of being compensated for injuries sustained in an accident on a train during a no-obligation consultation. As well as providing free legal advice, your advisor could connect you with a personal injury solicitor from our team. If they believe your claim is strong enough, they’ll represent you on a No Win No Fee basis.
Please read on to find out more about making a train accident claim or call our team on 0800 6524 881 if you’re ready to discuss your claim straight away.
Table of contents
- Am I Eligible To Make A Train Accident Claim?
- Common Accidents On Trains & Stations
- How Much Compensation For A Train Accident Could I Claim?
- Evidence To Support A Train Accident Claim
- Time Limits For Claiming Train Accident Compensation
- Starting A Train Accident Compensation Claim
Rail operators and train station businesses have a duty of care to try and protect all members of the public, travellers, visitors and staff while using their services. That means they must take reasonable care to try and identify potential risks and reduce them where possible.
Before one of our solicitors agrees to take on your case, they’ll check whether:
- The defendant (train, station operator etc) in your claim breached their duty of care through an act of negligence; and
- An accident on a train or at the station happened because of that negligence; and
- You sustained an injury during the accident.
The key message from the above criteria is that you may be eligible to claim compensation if negligence led to a train accident in which you were injured. As we progress, we’ll provide some examples of negligence that might allow you to claim and show you what evidence you could use to prove how you were injured.
During busy periods, trains and stations can become very busy with lots of people passing through them. In the larger train stations, that can mean thousands of passengers trying to board trains or leave the station at the same time. This volume of foot traffic obviously increases the potential for accidents. To give you some idea of why you might be eligible to claim compensation if you’ve been injured in a train accident, we’ve listed some of the more likely scenarios below:
- Slipping on a wet floor. If you slip and fall on a wet floor because of a leak, adverse weather conditions, cleaning or a spillage, you could be eligible to claim compensation if it had not been cleared up quickly or properly highlighted by warning signs.
- Faulty lifts or escalators. You may be able to claim if you were injured while using a lift or hurt using an escalator that was faulty or poorly maintained.
- Damaged furniture. Claims might be possible if you cut yourself because a seat on a train, a broken chair, table or bench at the train station was damaged.
- Crush injuries. If a lack of supervision meant there were too many people on the station platform and you sustain crush injuries or were trampled on, you could seek damages for your suffering.
- Trapped by a barrier. Many train stations have barriers that check you have a valid ticket for travel before allowing you onto the platform. If you’re trapped and injured by one of these barriers, you could have a valid train station accident claim.
- Shop, café or bar accidents. It’s worth remembering that retailers in train stations also have a duty of care to protect you. Therefore, if you’re injured in a shop accident because the owner, operator or staff were negligent, you might be eligible to start a claim.
Even if your train accident is not listed above, please get in touch so we can review your options for free.
In general terms, you could sue for any injury sustained in a train or railway station accident. Some of the more common our team of personal injury solicitors could help you to claim for include:
- Soft tissue injury claims (such as muscle, tendon or ligament strains, sprains or tears).
- Spinal injury claims (such as paralysis or fractured vertebrae).
- Head injury claims (such as concussions).
- Burn injury claims (such as scalds from a hot drink).
- Fractured bone claims (such as ankles, fingers, wrists).
- Food poisoning claims (illness caused by a train station cafe, for example).
It is important to prove how seriously you were injured because, largely, this is what any compensation will be based on. Therefore, as part of any compensation claim for train accidents, you’ll typically need a medical assessment. Usually, this will be booked locally and it will be conducted by an independent specialist. They’ll examine you, read your medical records and discuss your injuries with you. After that, they’ll send your solicitor a report to explain your prognosis.
It’s important to fully consider how you’ve suffered when making a train accident claim. You could claim general damages to cover your physical and mental suffering while special damages could be used to cover any costs incurred as a result of your accident.
If you make a successful claim, you could be compensated for:
- Any physical pain caused at the time of your accident, during treatment and while you recover.
- Mental harm such as anguish, depression or distress (psychological injury claims).
- The way in which your hobbies, family life and social activities are affected by your injuries.
- Travel expenses.
- Medical costs such as physiotherapy or private surgery costs.
- Loss of earnings. In more serious train accidents, this might include future loss of earnings too.
- The cost associated with the time a friend, relative or professional care spent supporting you while you were injured.
- Making changes to your home or car to try and make your life a little easier if you’re struggling with an ongoing disability.
As you’ll see, there is a fair amount to take into account before a train accident compensation claim is filed. While the rail operator insurers might offer a quick payment to settle the claim early, we’d suggest seeking legal advice to try and ensure you’re compensated fully for your suffering.
You can use our train accident compensation calculator, below, for an idea of what compensation might be paid for a range of different injuries.
These figures, based on the Judicial College guidelines, are guideline amounts only. If you win your claim, the amount you are awarded may differ.
To help you prove how your accident on the train or at the station happened, who was to blame, and how you’ve suffered, the following evidence could be useful:
- Medical notes from your GP, a hospital or minor injuries unit.
- Witness information (in case your solicitor needs a statement from them).
- Photographs or video footage of the train accident scene or any visible injuries.
- Accident report forms or records from the train company, emergency services, or other relevant authorities.
- Any correspondence or communication you have had with the train company regarding the incident.
- Any relevant safety or maintenance records of the train and its equipment.
- CCTV camera footage.
- Receipts, invoices or bank statements to prove any expenses.
Some of these pieces of evidence will only be available if you take appropriate action after a train accident. Therefore, we’d always suggest that you report any accident and visit a hospital for medical advice. We’d also suggest that you contact the train operator as soon as possible after the accident to request any camera footage. You may be entitled to a copy but it isn’t usually stored for more than a month.
When you call for your free consultation, your advisor will consider any evidence you’ve already gathered.
The Limitation Act 1980 sets a time limit for all personal injury claims in the UK. Generally, that means you’ll have 3-years to claim from the date of the train accident. If a child is injured in a train station accident, the limitation period does not apply and parents or guardians can claim for their child at any point before they become 18 years old.
Although 3 years is a long time, it’s often easier to secure evidence to support your claim if you begin early. Also, your solicitor could seek an interim payment from the defendant to cover the cost of private medical treatment to help you recover more quickly.
We firmly believe that you could be paid a higher amount of compensation if you have a legal representative. Our solicitors offer a No Win No Fee service for any train accident claims they take on meaning you won’t pay for their work unless you’re paid compensation.
The easiest way to find out if one of our solicitors could help you is to call us on 0800 6524 881 today. Whatever happens, you’ll receive free legal advice about your options from a specialist advisor.
Please use live chat if you have any additional questions about being injured at a train station or making a train accident claim.