Injury in a Train Station Compensation Claims
If your life, or the life of a loved one, has been affected by a train station accident we can help.
The purpose of this guide is to help anyone who has suffered a train station 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 in a train station compensation:
According to the Office of Rail and Road, in 2018-19 there were over 23,000 'harmful incidents' to passengers, workforce and the public on the mainline panel and London Underground
Many of these accidents happen on busy platforms and escalators or while entering or alighting trains.
If you have been injured on a train or anywhere within a station, you may be able to claim financial compensation.
Typical train station accidents
Slip, trip and fall accidents are most common in train stations. They happen for a variety of reasons, including:
- Rain causing a slippery, wet platform - this is particularly hazardous if the area is poorly lit
- Spillages that are not cleared up
- Tripping over baggage left on the floor
- Refuse dropped on the floor (there are no litter bins in train stations to reduce the risk of a terrorist threat)
- Collisions caused by overcrowded platforms and escalators
- A fall-related accident while boarding or alighting a train, for example, due to the change in elevation from the train to the platform
- Potholes or damaged platform surfaces
- Sliding on surfaces that have not been properly gritted or salted.
Do I have an injury in a train station claim?
You should be able to make an injury in a train station injury claim if you sustained an injury:
- within the last three years, and;
- another person was to blame, and;
- that person owed you a duty of care.
Injury claim eligibility - 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 in a train station claim on their own behalf.
What if I can't prove who caused the injury in a train station?
Your solicitor will work on your behalf to assess your injury in a train station claim and gather evidence. They will identify the party responsible for your accident.
How do I prove the rail operator was negligent?
To make a successful claim, your solicitor will need to demonstrate that the rail or station operator failed in their duty of care to make the station safe for use.
To help your solicitor build the strongest possible case, it is a good idea to:
- take photographs of the scene of the incident
- get contact details of any the other passengers who may have witnessed the accident
- report the accident to a member of staff at the station
- make a note of anything and everything that may be relevant. Weather reports, for example, indicate whether the station manager should have been aware of a prolonged cold spell and have made sure sufficient supplies of grit or salt were available to reduce the risk of passengers slipping and falling on ice.
What if the station operator denies liability?
Often, train station operators will deny liability on the basis that the hazard had not been in place long enough for them to identify and remove it before any accident occurred.
As an initial step, your injury lawyer will request CCTV footage to show how long the spillage, obstruction or defect that caused the accident had been in place.
The amount of money you could claim for your injury in a train station 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 in a train station 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 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 are for financial losses and expenses you have incurred as a result of the accident.
What can I claim for after an injury in a train station? (see list)
Examples of special damages (losses you can claim for) include:
- Lost earnings (including future earnings)
- Medical treatment costs
- 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.
General damages for a serious ankle injury can be £35,000
For a less severe shoulder injury, in isolation, you would typically receive £4,500.
However, if you have a serious ankle injury and a less severe shoulder injury, you would typically receive £35,000 + a reduced percentage of £4,500.
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 in a train station 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 in a train station will depend entirely on your specific circumstances.
Your injury in a train station compensation will be calculated based on the unique impact your injuries have had on your life and your ability to work, and on the actual financial losses you have incurred as a result of your injuries.
Will I have to pay tax on my injury in a train station compensation?
If you receive financial compensation following an injury in a train station injury, specific legislation ensures that you do not have to pay tax on it. This is the case no matter whether the compensation is received as a lump sum or as staggered payments.
Calculate my injury in a train station compensation
Calculating how much compensation you can claim for an injury in a train station 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 in a train station claim could be worth now:
How long does a train station injury claim take?
The length of time needed to process a train station accident claim can vary considerably.
A straightforward liability accepted public transport injury claim could be settled in a month or two. If liability is denied, however, it could take significantly longer. Usually, a public transport injury claim should take 6 to 9 months. Read more: How long will my claim take?
Caring and sensitive support
Your solicitor will handle your injury in a train station 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.
How did your injury occur?
The claims process that your solicitor follows will vary, depending on how the injury occurred:
No win, no fee, no risk
No win, no fee means that your solicitor will not charge you any legal fees if your injury in a train station claim is unsuccessful. 'No win, no fee' is also called a 'Conditional Fee Agreement' or 'CFA'.
No win, no fee promise
Our no win, no fee guarantee means there is zero financial risk in making an injury in a train station claim - even if you don't win your claim. Read more about making a No win, no fee claim
What do I pay if I win my injury in a train station claim?
Your injury solicitor will receive a success fee which is deducted from your compensation, only after your compensation is awarded. 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 in a train station claim?
If your injury in a train station 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 in a train station 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, and 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 376 1001 or arrange a callback:
if you can claim
to start a claim
Injury in a train station 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.
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.
How long do I have to make an injury in a train station claim?
In general, you have a time limit of up to 3 years from the date of the injury in a train station to make an injury claim.
The last date you can make a claim is known as the claim limitation date - after which your injury in a train station claim becomes 'statute barred'.
Can I claim for an injury in a train station 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 376 1001 to find out if you are still able to claim injury in a train station compensation.
In reality, there are a number of factors that can affect whether an injury in a train station claim will be taken on by a solicitor.
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.
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.
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.
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.