Advice On Making A Train Accident Compensation Claim
Learn how we could help you make a train accident compensation claim.
£85 million in compensation
Advice On Making A Train Accident Compensation Claim
Learn how we could help you make a train accident compensation claim.
Train Accident Compensation Claim Amounts
Trains are a common mode of transport in the UK and are largely considered to be very safe. People rely on the UK’s rather large rail network to travel for business as well as leisure. However, accidents may occur, causing injuries to rail employees and passengers. In this guide we look at when a train accident compensation claim could be made.
Key Takeaways
- You may claim compensation for your train injury as an employee or passenger of the train.
- Your train accident payout may include compensation for your injuries as well as your associated financial losses.
- There is generally a time limit of 3 years to start your rail accident claim under the Limitation Act 1980.
- If you’re making a railway accident claim, you must evidence to strengthen your case, such as medical records and CCTV footage.
- If your train accident claim is eligible, you could work with our No Win No Fee solicitors.
Reach out to our advisors for more information about public liability claims:
- Call 0151 375 9916.
- Contact us through our online form.
Am I Eligible To Make A Train Accident Compensation Claim?
You could be eligible to make a train accident compensation claim if you can prove your case meets the following criteria:
- You were owed a duty of care
- A breach of this duty of care took place
- You suffered an injury due to this breach.
In the section below, we will explain what the duty of care is and who can be held liable for your train injury. Depending on the nature of the accident and your position, you could make an accident at work or a public liability claim.
Who Is Liable When Someone Is Injured On A Train?
The allocation of liability depends on whether you were a passenger or an employee.
- While using the train as a passenger, train operators are required to ensure safe operations by maintaining safety and managements systems under Regulation 5 of The Railways and Other Guided Transport Systems (Safety) Regulations 2006. This includes maintaining vehicles and providing training to staff.
- If you are an employee working on the train, such as a ticket inspector, the rail company owes you a duty of care as your employer under the Health and Safety at Work etc. Act 1974 to take reasonable steps to ensure your safety.
If you have been injured as a passenger or rail employee due to the duty of care you were owed being breached, you can contact our advisors to see whether you may have an eligible train accident compensation claim.
What Compensation Can Be Awarded After An Accident On A Train?
The types of compensation that could be awarded after an accident on a train are known as general damages and special damages.
General damages compensate you for your injuries. When your injury in being valued, your train accident lawyer may consult the Judicial College Guidelines (JCG). This publication provides a list of guideline compensation brackets for different kinds of injuries.
Our table below uses some of the JCG figures for the different kinds of injuries that could be sustained in a train accident. However, the first row hasn’t been taken from the JCG, and this entire table is meant only for guidance.
INJURY NOTES COMPENSATION GUIDELINES
Multiple Serious Injuries and Special Damages In addition to multiple physical and psychological injuries, there could be monetary losses due to the need for professional or family care or mounting medical expenses. Up to £1,000,000+
Brain Injury- Very Severe Some ability to follow basic commands, with reduced language function with the need to hire full-time professional care. £344,150 to £493,000
Paralysis- Paraplegia The bracket will depend on factors like extent of pain, level of dependence, age, life expectancy, mental trauma and whether any incontinence is present. £267,340 to £346,890
Back Injury- Severe (i) This is the most severe back injury which involves damage to the nerve roots and spinal cord and can lead to impaired bladder, bowel and sexual function along with incomplete paralysis. £111,150 to £196,450
Neck Injury- Severe (i) The neck injury may cause incomplete paraplegia, permanent spastic quadriparesis, little to no neck movement even after wearing a collar 24/7. In the region of £181,020
Arm Amputation- Loss of One Arm (i) The arm is amputated from the shoulder. Not Less Than £167,380
Leg Amputation- Loss of One Leg below the knee Depending on the number of unsuccessful surgeries, level of consciousness and trauma, presence of physiological issues and the risk of osteoarthritis, the compensation amount would vary. £119,570 to £162,290
Foot Injury- Moderate Displaced metatarsal fractures causing a deformity that is permanent. £16,770 to £30,500
Shoulder Injury- Serious There is severe shoulder and neck pain due to shoulder and damaged lower brachial plexus, causing weakened grip and restricted shoulder movement. £15,580 to £23,430
What Factors Will Affect My Compensation Amount?
Various factors will affect your compensation amount under general damages, such as:
- What type of injury you suffered
- The severity of this injury
- Whether you suffered multiple injuries
- What treatment is required
- How long your recovery is expected to be
Additionally, your compensation amount could also be effected if you are eligible to receive special damages. This compensates you for the financial losses your injury has caused you.
Here are some examples of the special damages you may be able to claim:
- Medical expenses.
- Professional or family care.
- Modifications to your vehicle or home.
- Physical aids, such as crutches and wheelchairs.
- Psychiatric and physiotherapy appointments.
- Travel costs to medical appointments.
- Loss of earnings.
If you claim for special damages, you must retain financial evidence like bills, bank statements and payslips.
You can go through our list of compensation payouts or call us for further guidance regarding your particular case.
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The Most Common Train Accidents And Injuries
There are many kinds of train accidents, which could lead to different types of injuries, such as:
- Crush Injuries and Amputations: Due to faulty train doors, limbs may be crushed and amputated in extreme cases. A crush injury may also occur if unsecured heavy baggage falls down due to faulty overhead storage.
- Slips, trips and falls: For example, if you slip in the train toilet due to a spillage that was not signposted or cleaned within a timely manner. This could lead to a variety of injuries, such as broken bones, facial fractures and head injuries.
- Burns and Scalds: This may occur if the server spills hot food or beverages on you while using the train due to not checking the temperature of the drinks being served or not providing a lid to the cup when they are meant to. The resulting injuries may include scars, lacerations due to the burns incurred.
If you injury or accident type isn’t listed here, this doesn’t mean you can’t claim. Contact our advisors today to discuss your case and receive a free eligibility case check.
What Evidence Will Be Needed To Make A Train Injury Claim?
Here are some examples of the evidence which would be helpful when making a train accident compensation claim:
- Contact details of anyone who witnessed your accident taking place.
- Copies of the train ticket or communication with the rail network.
- Medical records, such as test results, prescriptions, GP notes and psychiatric records.
- CCTV footage of the train accident.
- Photographs of the accident site or any visible injuries you suffered.
You don’t have to gather this evidence alone. One of our expert solicitors could help you with this as part of their services. Contact our advisors to learn more.
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Is There A Train Accident Claim Time Limit?
The Limitation Act 1980 grants a time limit of 3 years to start a train accident compensation claim. This time limit begins from the date of the train station accident.
However, there may be exceptions where the time limit would pause:
- Minors: If a minor or a child is injured in a railway accident, they cannot make their own claim. Therefore, the time limit will apply only once they turn 18.
- Reduced Mental Capacity: A person may not possess the mental capacity to make their own claim. In such cases, no time limit will be applicable. The time limit will begin only if this mental capacity returns and run from this date.
If the loved ones of the injured person wish to claim compensation on their behalf rather than waiting for the time limit to apply, that option is also available. This is possible by applying for the position of a litigation friend. The court will determine the application on the basis of the following criteria:
- The person’s ability to decide fairly and competently on behalf of the injured party.
- No conflict of interest.
Call us now to discuss the personal injury limitation period and information on how to claim for a loved one.
Claim On A No Win No Fee Basis With JF Law
After learning about the process of making a train accident compensation claim, you may be worried about the possible expenses of hiring legal representation.
If you have an eligible claim, one of our expert solicitors could work on your case on a No Win No Fee basis. This will be through a Conditional Fee Agreement (CFA), which entails the following terms:
- No upfront payment for your solicitor’s work.
- Your solicitor won’t charge you for their work in the beginning or middle of your claim.
- If you lose your claim, no payment is required for their work.
However, if your rail accident claim is successful, your train accident lawyers will subtract a fixed percentage of your compensation. This is the success fee, which has a legal cap to ensure that you don’t have to give up most of your compensation amount.
In addition to this, they could also provide you with the following services:
- Communicating with the defending party
- Filing your claim within the time limit
- Explaining any legal terminology
- Organising an independent medical assessment and any physiotherapy
- Negotiating your compensation settlement
Contact Our Solicitors
Reach out to our advisors to discuss the eligibility of your case and see whether one of our No Win No Fee solicitors could help you:
- Call 0151 375 9916.
- Contact us through our online form.
Learn More
You can also read some of our other articles:
- Find out how many personal injury claims go to court.
- Our guide on PTSD compensation.
- Information on hearing loss claims.
Here are some external links for further reading:
- Information from the government on Network Rail.
- Guidance from the NHS on providing first aid.
- See when you could be eligible for statutory sick pay from Gov.UK
Thank you for reading our guide on making a train accident compensation claim.
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