Injury on a Train Compensation Claims

If your life, or the life of a loved one, has been affected by a train accident we can help.

The purpose of this guide is to help anyone who has suffered a train accident and is considering a legal claim for compensation. If you are looking for medical advice, please see the NHS website.

In our guide to claiming injury on a train compensation:

Introduction

The Office of Rail and Road (ORR), found that injuries to passengers on board trains has increased by 22% (ORR Health and Safety Report 2014-15). During the same period, injuries to passengers at rail stations increased by 53%.

Major injuries caused by falls and ‘contact with objects' accounted for 63% of the total harm recorded.

There were also 80 major injuries to rail workers. Accidents occurred at stations, on board trains, and on rail tracks.

Where injuries have been sustained, both rail passengers and rail employees may be able to make a train accident claim.

Do I have an injury on a train claim?

It should be possible to make an injury on a train claim if your injury happened:

  • in the last three years, and;
  • someone else was to blame, and;
  • that person owed you a duty of care.
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Do I have a claim? - Common questions

What if a child was injured?

The 3 year rule does not apply to minors.

A claim can be pursued for anyone under the age of 18 by a parent, guardian or litigation friend. The injured child has up to the age of 21 to start an injury on a train claim on their own behalf.

Read more about claiming injury compensation on behalf of a child.

What if the other party denies liability?

If the defendant denies liability, your solicitor will build the strongest possible case in order to prove that the defendant is responsible for your injury on a train. Ultimately the solicitor will issue court proceedings on the defendant. Often this prompts an admission of liability before proceedings begin.

How much compensation can I claim for an injury on a train?

The amount of money you could claim for your injury on a train will depend on:

  • the extent of your injury, and
  • any financial losses or costs you have incurred.

At the start of your claim, your solicitor will consider the many ways your injury on a train has affected your life. Your solicitor will take all of these effects into account to calculate the correct compensation award for you.

This calculation will factor in 'general damages' and 'special damages'.

General damages

General damages are awarded for pain, suffering and loss of amenity (PSLA).

Awards for general damages are set by the Judicial College and published in their guidelines for personal injury awards.

Special damages

Special damages are for financial losses and expenses you have incurred as a result of the accident.

What can I claim for after an injury on a train? (see list)

Examples of special damages (losses you can claim for) include:

  • Lost earnings (including future earnings)
  • Medical treatment costs
  • Physiotherapy
  • Travel costs
  • Costs of care
  • Costs of adapting your home or car

How is compensation calculated if I have multiple injuries?

If you have sustained multiple injuries, the compensation amounts are not simply added together.

The upper bracket of the most serious injury may be considered as a starting point, with a reduced amount applied for the other less severe injuries.

For example:

General damages for a serious back injury can be £30,000

For a less severe arm injury, in isolation, you would typically receive £4,000.

However, if you have a serious back injury and a less severe arm injury, you would typically receive £30,000 + a reduced percentage of £4,000.

Special damages, such as loss of earnings are not usually increased if you have multiple injuries. Read more about multiple injury claims.

What is the average injury compensation for an injury on a train claim?

The Judicial College injury tables give a approximate idea of the ranges awarded for different injuries.

However, the money you would receive following an injury on a train will depend entirely on your specific circumstances.

Your injury on a train compensation will be calculated based on the unique impact your injuries have had on your life, your ability to work, and the actual financial losses you have incurred as a result of your injuries.

Can I claim for prescription costs?

Special damages?are awarded for costs or losses incurred as a result of the injury on a train injury. Damages can include loss of earnings, treatment cost and any other 'out-of-pocket' expenses such as prescriptions.?

Injury on a train compensation

Calculating how much compensation you can claim for an injury on a train injury can be complicated.

Our injury compensation calculator tells you if you may have a claim, how much compensation you could claim, and what you can claim for.

Find out what your injury on a train claim could be worth now:

Calculate compensation

How long does a train injury claim take?

The length of time needed to get compensation for a public transport injury can vary considerably.

A simple liability accepted injury claim could be completed in a month or two. If liability is denied, however, it could take considerably longer. On average an injury claim should take 4 to 9 months. For more information on how long your claim could take, read: How long will my claim take?

Caring and sensitive support

Your solicitor will handle your injury on a train claim from the initial consultation through to the financial settlement. In addition, your solicitor will work with other specialists to help you with:

  • Financial support: interim payments while you are unable to work.
  • Advice: on personal injury trusts, tax and welfare benefits.
  • Coordination: with rehabilitation providers and therapists.
  • Access: to treatment and therapies not always available on the NHS.

Who pays for this specialist help?

The cost of treatment will be factored into your compensation settlement paid by the defendant or their insurance company. Should you require private treatment before the case settles, an interim payment to cover treatment costs may be possible.

On board, and in station injury risks

Passengers and rail employees can also be injured in non-collision related accidents. These can occur on board trains, in the station, and on the platform.

The majority of accidents involve:

  • Slips, trips and falls - such as on floors or stairs, or at the interface between the platform and train
  • Damage inside the train - such as exposed sharp edges, broken seating, or faulty train doors
  • Being hit by objects - such as luggage falling from luggage racks, or objects dropped by standing passengers when the train is full
  • Food and drink related accidents - such as burns from hot liquids, or food poisoning

Rail employees can also suffer injury from workplace accidents or develop work-related health conditions such as occupational deafness, Hand Arm Vibration Syndrome (HVAS) and asbestos-related diseases.

Train collision-related injury compensation

Train collisions and derailments are rare but can result in some of the most serious accidents. The causes of these include:

  • Faulty or damaged tracks
  • Faults with the train engines, breaks, or wheels
  • Objects or trespassers on the tracks
  • Adverse weather conditions, such as high winds, snow or ice
  • Collisions with another train or vehicle, including the failure of level crossing gates or signs

Irrespective of the cause of the accident, compensation claims for train collision injuries can be made in most cases.

A solicitor will be able to advise on this further, including recommendations for medical examination. In the case of fatal train accidents, a specialist lawyer will confirm how family members should proceed with their claim.

What costs can be included in a train-related injury or illness claim?

Compensation can be claimed for:

  • Pain and suffering
  • Loss of amenity, meaning the loss of physical or mental ability to perform activities you could before the accident
  • Loss of earnings while recovering, and loss of potential future earnings if returning to work is not possible
  • Costs of medical treatment and future care
  • Associated expenses, such as travel costs to get medical treatment

Your solicitor will assess the compensation value of your claim and will assist you with collating the supporting evidence needed to claim the maximum compensation.

How did your injury occur?

The claims process that your solicitor follows will vary, depending on how the injury occurred:

How does no win, no fee work?

No Win, No Fee is an agreement with your solicitor (known as a Conditional Fee Agreement or CFA) that means that you can make an injury on a train claim with:

  • no upfront legal fees
  • no solicitor's fees payable if your claim is not successful
  • a success fee payable only if your claim is successful

No Win, No Fee is the most common way to make a compensation claim.

No win, no fee promise

If you have been injured and someone else was to blame (even partially), our no win, no fee guarantee takes the risk out of making an injury on a train injury compensation claim. Read more about making a No win, no fee claim

What do I pay if I win my injury on a train claim?

Your injury solicitor will receive a success fee which is deducted from your compensation, after your claim is settled. The solicitor's success fee can be up to 25%. You and your solicitor can agree the success fee before you start your claim.

What do I pay if I do not win my injury on a train claim?

If your injury on a train claim is not successful then you won't have to pay your solicitor any fees. Your solicitor may take out insurance to ensure there will be nothing to pay.

Why do most solicitors charge 25%?

25% success fees are charged by most law firms as this is the maximum fee that the Ministry of Justice allows them to charge. injury on a train claims can take a solicitor hundreds of hours work and they receive nothing if the case is lost. The success fee will be subject to your individual circumstances and the actual fee may vary. Call us for more information.

How can Quittance help?

Your solicitor will fight for the best possible compensation settlement for you, the highly-experienced panel of solicitors have an excellent track record of winning injury claims.

If you have any questions, or would like to start a No Win No Fee claim, we are open 8am to 9pm weekdays, 9am to 6pm on Saturday, and 9.30am to 5pm on Sunday.

Call us FREE 0800 612 7456 or arrange a callback:

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Injury on a train FAQ's

Can I claim for someone else?

Yes. In certain circumstances, it is possible to claim compensation on behalf of another person in the capacity of a 'litigation friend'.

If an injured person is either too young or vulnerable, too injured or otherwise unable to claim on their own behalf, their litigation friend can handle the claim process on behalf of the injured person.

The litigation friend will be responsible for communicating with the solicitors, and for making decisions in respect of the claim.

Read more about claiming on behalf of another person.

Can I claim if I was partly responsible for an accident?

You may still be able to claim compensation even if you contributed to your accident or to your injuries.

However, if you were partly to blame (known as contributory negligence), your compensation may be reduced and it may be more difficult to prove liability.

Read more about claiming compensation if you were partly responsible for an accident.

How long do I have to make an injury on a train claim?

In general, you have a time limit of up to 3 years from the date of the injury on a train to make an injury claim.

The last date you can make a claim is known as the claim limitation date - after which your injury on a train claim becomes 'statute barred'.

Can I claim for an injury on a train after 3 years?

Possibly. The general rule for adults is that a claim must be started within three years.

However, the three-year countdown starts on the day you learned of your injury or illness. This will usually be the date of the accident, but could be the date your doctor gave you a diagnosis.

If you were injured as a child, you do have up until your 21st birthday to make a claim.

There other circumstances that can also impact the limitation date. Call us now on 0800 612 7456 to find out if you are still able to claim injury on a train compensation.

In reality, there are a number of factors that can affect whether an injury on a train claim will be taken on by a solicitor.

Calculate your claim limitation date

Will I have to go to court?

Highly unlikely. The vast majority of claims that are settled by the solicitor panel are settled out of court.

Only a very small percentage (approx. 5%) of personal injury claims go to court. Generally, only very complex cases, or those where liability cannot be resolved, end up in court.

Cases that do ultimately go to court are held in front of a judge, not a jury.

Read more: Will my injury claim go to court and what if it does?

Will I have to go to a solicitor's office?

No. You will not need visit a solicitor's office. As with most professional services, it is no longer necessary to meet face to face with your solicitor. Personal injury claims are dealt with via email, post and telephone.

Should you need to have a medical, this will be arranged at a medical centre near you or at your GP's surgery.

Read more: Will I have to visit a solicitor's office?

Can I get an early compensation payment?

If you suffer financial hardship as a result of an injury, you may be able to claim an interim compensation payment.

An interim payment is a partial settlement of your claim which is paid before your claim is concluded. The amount you receive in interim payments would then be deducted from your final compensation settlement or award.

Read more about interim compensation payments.

Howard Willis, Personal injury solicitor

About the author

Howard qualified as a solicitor in 1984 and has specialised in personal injury for over 25 years. He is a member of the Association of Personal Injury Lawyers (APIL) and is a recognised Law Society Personal Injury Panel expert.

Read more about this Quittance Legal Expert