Injury on a train compensation claims
In the following guide we explain everything you should know about making a successful train accident compensation claim.
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.
If you have suffered an injury on a train in the last three years (longer if children were involved) and someone else was to blame, then we can help you make a compensation claim.
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.
I have a strong claim - why won't a solicitor take it on?
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.
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.
Your Compensation Claim Report (CCR) will calculate likely compensation for your injuries and will also consider the central issues of your claim. The report covers:
- the claim's chance of succeeding
- the length of time the negotiations or legal process could take
- the amount of compensation that could be awarded
A Compensation Claim Report offers a detailed calculation and assessment of your claim. Start your CCR here.
No Win, No Fee agreements, also called Conditional Fee Agreements (CFAs), are the start of a claim.
The CFA lays out the contract or "terms and conditions" between you and the solicitor.
The document sets out the service your solicitor delivers, and crucially, the "success fee" that will be deducted from your compensation award once your solicitor wins your claim.
You have peace of mind knowing that there is absolutely nothing to pay if your claim is unsuccessful. You have absolutely no hidden costs when choosing a Quittance injury-specialist solicitor.
The amount of compensation you will receive depends on a number of factors. Our personal injury compensation calculator provides an accurate estimate of your likely compensation.
Quittance's national network of solicitors help injured people with all types of personal injury claims and have a wealth of experience in short-term, serious and life-changing injury claims. Chosen for their track record in winning claims, Quittance's panel solicitors have years of experience recovering compensation for their clients.
About the author
Paul is a member of the Law Society Personal Injury Panel, a member of the Association of Personal Injury Lawyers, and has served as a Deputy District Judge, giving him a uniquely broad understanding of the claims process.
Read more about this Quittance Legal Expert