This guide will provide information on seeking compensation for injuries you sustained in an accident on a train. If you were injured on a train due to a third party breaching the duty of care they owed you, you may be able to claim compensation.
This guide will discuss the duty of care you may have been owed in more detail later on.
It will also discuss other topics relevant to compensation for a train accident, including when you could be eligible to claim and how much your injuries may be worth.
Read on to learn more about how to claim compensation for a train accident.
Alternatively, you can talk to an adviser who can provide free legal advice on your potential claim. For more information, you can:
Choose A Section
- How To Claim Compensation After An Accident On A Train
- What Accidents Could Happen On A Train?
- What Steps Can I Take After A Train Accident?
- How Much Could I Get For An Accident On A Train?
- Defining No Win No Fee Agreements
- Further Guidance About Claims For An Accident On A Train
Rail accidents can occur for various reasons and on various types of train transportation. However, in order to make a personal injury claim for an accident on a train, you must be able to demonstrate negligence. Negligence involves:
- A third party owing you a duty of care.
- That party breaching the duty of care they owed.
- As a result of this breach, you sustaining a physical or psychological injury.
You are owed a duty of care by the operator of the train company. If you have evidence that you were injured due to their negligence, you may be eligible to make a train passenger accident claim.
Call our team for more information. They can provide further guidance on claiming for injuries sustained in an accident in a public place.
Train Accident Statistics
The latest available statistics show that, in 2020/21, there were:
- 2,042 non-workforce injuries including to passengers and members of the public in stations or on trains
- 3,290 workforce injuries in stations or on trains
It is not clear from the provided figures how many of these accidents may have been caused by negligence. However, if you have evidence to show your injuries were caused by negligence, get in touch with our advisers to find out how to claim for an accident on a train.
There are various types of accidents on a train that could occur. For example:
- A spilt drink in the aisle of a train that hasn’t been cleaned up or adequately signposted could result in slip, trip or fall accidents
- There may be a failure to warn passengers of a gap between the train and the platform edge causing a passenger to fall and hurt their leg
- There may be a failure to alert passengers to train doors closing causing a passenger to trap a limb in the doors
- Poorly stored luggage could lead to a head injury if it falls from an overhead compartment or a wrist injury if it causes someone to trip
Not all accidents on a train will form the basis of a valid claim. However, if you have evidence to show your injuries were caused by someone who breached the duty of care they owed you, contact our advisers today. They can offer free legal advice about your ability to get a compensation settlement for an accident on a train.
There are steps you can take to help prove your personal injury claim, such as:
- Completing a report in an accident book, if applicable
- Taking photographs of the area in which the injury occurred
- Seeking medical attention for your injuries and asking for a copy of the report
- Recording contact details of those who witnessed the accident
- Requesting CCTV footage showing the accident
In addition, you could seek legal advice from our team for free. They could connect you with a solicitor from our panel if your case has a chance of success and is valid. As part of their services, they could help you collect relevant evidence and keep you updated at each stage involved with the claims process.
Contact our advisers to learn more about the evidence needed for a personal injury claim following an accident on a train.
If you are injured in a train station accident, you could be able to claim compensation for your injuries. A train accident settlement can include up to two heads of claim. These are called general damages and special damages.
General damages intend to reimburse you for the pain and suffering caused by your injuries. Several factors are considered when valuing this head of claim including:
- The severity of the injury
- How long it takes for you to recover
- Your future prognosis
Medical evidence can help assess the value of your injuries alongside a document called the Judicial College Guidelines. This is a document containing guideline compensation amounts for different injuries ranging in severity.
The table below contains figures from these guidelines. However, they are not reflective of what you will receive following a successful claim. As such, you should only use them as a guide.
Injury Type Compensation Bracket Notes
Moderate Brain Damage (c) (i) £150,110 to £219,070 Moderate to severe deficit in intellect, personality change, and an affect on senses are some of the symptoms that may be present in cases in this bracket.
Severe Post-Traumatic Stress Disorder (a) £59,860 to £100,670 Effects that are permanent and stop the individual from working or performing at pre-trauma levels.
Wrist Injuries (b) £24,500 to £39,170 Significant permanent disability but there is some useful remaining movement.
Less Severe Arm Injury (b) £19,200 to £39,170 The person will have a significant disability but will have made a substantial recovery.
Moderate Back Injury (b) (i) £27,760 to £38,780 Injuries include a damaged intervertebral disc alongside irritation of the nerve roots resulting in reduced mobility.
Moderate Back Injury (b) (ii) £12,510 to £27,760 Injuries to the ligaments or muscles that cause backache.
Less Severe Injuries to the Elbow (b) £15,650 to £32,010 Function impairment but no significant disability or major surgery is involved.
Moderate Ankle Injuries (c) £13,740 to £26,590 Fractures, ligament tears or similar injuries that lead to less serious problems such as awkwardness on stairs or instability on uneven ground.
Moderate Knee Injuries (b) (i) £14,840 to £26,190 Injuries that result in minor instability, wasting weakness, or other mild future disability.
Modest Foot Injuries (g) Up to £13,740 Simple fractures, ruptured ligaments or similar, which may lead to continuing pain, aching, or a permanent limp.
In some cases, special damages can also be awarded as part of your settlement. These are a way of recouping financial losses that have been caused by your injury. For example, they may help recover:
- Lost earnings
- Lost future earnings
- Medications and other medical expenses
- Care costs
- Travel costs
You will need evidence to support your claim for special damages including receipts, payslips and bank statements.
If you have more questions about how these two heads of claim may make up your train accident compensation, get in touch with our advisers.
If our advisers find you have a valid claim, they may pass you on to one of the solicitors from our panel. These solicitors may offer their services under a type of No Win No Fee agreement called a Conditional Fee Agreement (CFA).
By using this agreement, you don’t have to pay upfront for the solicitor’s services. This includes during the claims process or if your claim fails. Instead, you pay a small percentage of your compensation if your claim is successful. It’s important to note that this amount is capped by law.
Contact Us To Make A Train Accident Claim
If you’d like to speak to someone about your potential claim for injuries sustained in an accident on a train, get in touch today. Our advisers can provide free legal advice and answer any questions you may have about seeking compensation. To get in touch, you can:
- Call on 0113 460 1216
- Speak with an advisor using our live chat feature
- Send us your query using our ‘claim online’ form
Other of our guides that may help:
- Public liability claims
- I had an accident on public transport, can I claim?
- How to find serious injury solicitors
Relevant external resources:
We hope this guide has helped you understand when you could claim compensation for injuries sustained in an accident on a train. If you have further questions, get in touch using the details provided.
Writer Morgan Fringe
Editor Meg McConnell