Train Accident Claims – How Much Compensation Can You Claim?

If you’ve been injured at a train station or on a train because the rail operator or a business was negligent, you could be eligible to make a train accident claim for compensation.

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 partner 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.

Am I Eligible To Make A Train Accident Claim?

Anybody injured in a train accident could be eligible to claim compensation if negligence was involved. This might be the case whether you’re a passenger on the train, railway staff, or a pedestrian hurt at a level crossing, for example.

Generally, for a train accident claim to succeed, you’ll need evidence to show:

• The defendant (e.g. train/station operator) breached their duty of care; and
• An accident or incident happened because of that breach of duty; and
• You sustained an injury as a result.

Importantly, all rail operators and train station businesses have a duty of care to try and protect members of the public, travellers, visitors and staff while using their services. If you believe your injury is down to their negligence, call our claims advisors today to see if you could claim compensation.

Common Causes Of Train Accident Claims

To give some idea of when a train accident compensation claim may be viable, we’ve listed some examples 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. A claim might be viable 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 suffered crush injuries or were trampled on.
• 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 contact our claims advisors so we can review your options for free.

Common Injuries Caused By Train & Railway Accidents

In general terms, you could claim for any injury (other than the most minor) 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 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.

How Much Compensation For A Train Accident Could I Claim?

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 carer spent supporting you during your recovery.
• 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.

Train Accident Compensation Calculator

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.

Evidence To Support A Train Accident Claim

To help you prove how your accident on the train or at the station happened, who was to blame, and how you’ve been affected, 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 often stored for more than a month.

When you call for your free consultation, your advisor will consider any evidence you’ve already gathered.

Time Limits For Claiming Train Accident Compensation

The Limitation Act 1980 sets a time limit for most personal injury claims. Generally, that means you’ll have 3 years to claim from:

• The date of the train accident; or
• When you reasonably knew (date of knowledge) that your injury was caused by the accident.

Two other points to note are:

• If a child is injured in a train station accident, the 3-year limit doesn’t begin until their 18th birthday, unless a litigation friend claims earlier.
• If the injured person lacks mental capacity, the time limit may be paused unless capacity is regained.

Although 3 years is a long time, it’s often easier to secure evidence to support your claim without delay.

Starting The Train Accident Claims Process

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 to get answers to any additional questions about the train accident claims process.