Public Transport Train Accident Claims Guide – How To Claim Compensation For A Personal Injury On A Train?

By Danielle Newton. Last Updated 19th May 2023. There are a variety of rail networks across the UK, carrying passengers to work, and for leisure every day. If you have been injured in a public transport train accident, you may want to know if you would likely have cause to claim compensation for incidents such as a train crash injury, a hot food burn, or PTSD that may have been caused by a train accident. Within the guidance below lies answers to questions you might have about what happens after a public transport train accident, such as what the train accident claim time limit is? Can you make a train accident claim for a food allergy or psychological injury caused by accidents on public transport. We also offer guidance on finding a train accident compensation claim solicitor. If you need anything in the below sections clarified, please do get in touch with us, but first, read on to see if we have already answered your public transport train accident question.

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A Guide To Public Transport Train Accident Claims

If you were to have been injured on public transport, you may have incurred financial hardships such as a loss of your income, or you may have even been told you are never going to be able to return to your previous job because of your injuries. You may be wondering whether there is anything you can do to recoup some of these losses, and in some cases there is. If you have become injured in a public place, and it has caused you pain and suffering, and it was not because of something you did or didn’t do, you may be able to make a personal injury claim for a variety of different injuries that may have occurred on a train.

Public Transport Train Accident Compensation Claims Guide

Public Transport Train Accident Compensation Claims Guide

Train accident claims could happen due to a variety of different accidents. You may have a railway accident claim because of an injury due to a hot coffee burn, or a hot tea burn, you may have a train station accident claim because of broken paving that has caused you to trip, or you may be looking at making a fatal accident claim because a loved one has lost their life due to an injury at a train station or a train crash. Whichever situation applies to you, if the injury or accident is not due to your doing, and it can be proven that you or your loved one were owed a duty of care from the council, whoever was responsible for the track, or the train operator, then it could pave the way for railway compensation claims.

What Is A Public Transport Train Accident?

Essentially, a public transport train accident is something that happens on a train, at a station, or even on railway property. Much like accidents in a public place such as a park, or public road, it would likely be someone’s responsibility to ensure your safety, and if there was negligence on the part of the responsible party, this could lead to public accident claims.

Some types of claim for train accident could occur from the station not being maintained correctly, while some train accident cases could arise from an accident that happens on the train itself due to the operator not acting responsibly to keep their trains in good repair.

Compensation Amounts For An Accident And Injury On A Train

If you make a successful personal injury claim following a train accident caused by negligence, you will receive compensation in the form of general damages. This is the portion of your compensation that covers the suffering caused by your train injury, and the effect this may continue to have on your life.

You may wonder how much you could receive in a successful train injury claim. Legal professionals calculate train accident compensation depending on the unique circumstances surrounding each case.

However, there are some ways you can find out how much you could receive. For example, the 2022 edition of the Judicial College Guidelines (JCG) provides general damages guidelines to help legal professionals value personal injury claims, as seen in the table below.

Type of Injury Notes Amount
Back Injuries – Severe (i) The nerve roots and spinal cord are severely damaged which could cause pain and result in incomplete paralysis. £91,090 to £160,980
Back Injuries – Severe (iii) Disc lesions or fractures that lead to chronic conditions. The person is likely to suffer from severe pain and discomfort. £38,780 to £69,730
Leg Injuries – Amputation (iii) One leg is amputated above the knee. £104,830 to £137,470
Arm Injuries – Amputation (b)(i) One arm is amputated at the shoulder Not less than £137,160
Arm Injuries A simple forearm fracture. £6,610 to £19,200
Hand Injuries – Serious This type of injury would likely leave the hand with less than half its usual capacity on a permanent basis. £29,000 to £61,910
Hand Injuries – Less Serious The hands function is significantly impaired due to a severe crush injury. £14,450 to £29,000
Facial Disfigurement – Less Severe Substantial facial disfigurement with a significant psychological reaction. £17,960 to £48,420
Foot Injuries – Serious Traumatic arthritis that causes continuing pain and will require prolonged treatment. £24,990 to £39,200
Foot Injuries – Moderate Continuing symptoms and a permanent deformity due to displaced metatarsal fractures. £13,740 to £24,990

These figures illustrate what you could receive in terms of general damages, and they are only guidelines, not guarantees. Keep reading to find out what else you could claim in a train injury claim, or contact our advisors today for a free estimate of what you could receive.

Expenses Which You Claim Could Compensate You For

Not only could you receive an amount of compensation for the injury, your prognosis, and the pain it has caused to you, which is known as general damages. You could also look to receive compensation to cover material costs that you have borne as a result of a public transport train accident.

These are termed special damages. In some cases, you could claim losses of earnings, as well as care costs, medical expenses, travel costs and if adaptations need to be made to your home, these could be covered too.

What Other Damages Can I Claim For After Train Accidents?

If you’ve suffered an injury from a train crash in the UK as a result of third-party negligence, you may be able to claim for more than general damages compensation. You could also claim for any financial losses caused by the injury. This is referred to as special damages compensation.

Potential financial losses you may be able to claim for include:

  • Travel costs – If the injury from the train accident has led to you being unable to drive, you could claim back the costs of public transport or taxis. You could also potentially claim back the cost of the train ticket for the journey you were injured on.
  • Medical expenses – You could claim for prescription costs as a result of the injury.
  • Loss of earnings – If the injury has left you unable to work, you could claim back the loss of earnings caused by this. If your injury is permanent or affects you long-term, you could also claim for future loss of earnings.
  • Home adjustments – You may require changes to the home (such as a care bed or stairlift) due to the serious injury caused.
  • Care costs – If, for example, you need the help of a private nurse for rehabilitation purposes, you could claim for the financial cost of this.

It’s important to note that, when claiming for financial losses caused by train accidents, you would need sufficient evidence to prove the value of these losses. Potential evidence includes bank statements, invoices, receipts and payslips.

Your Rights And The Train Companies Duty Of Care

All train companies in the UK owe their passengers a duty of care. This means that it is their legal responsibility to make sure they provide a safe and healthy environment for anyone who boards their train. While you are using a train company’s service and/or you are on their premises, they must make sure that you are safe at all times. Therefore, this does not only refer to when you are on the train. This begins from the moment you enter the station and ends from the moment you have left the station at your destination.

Common Causes Of Public Transport Train Accidents Or Injuries

In the upcoming sections, we are going to take a look at some of the most common accidents and incidents that could happen on a train. If you cannot find the sort of accident that you were involved in, please don’t panic; this does not mean you won’t be able to claim. These are just some of the most common examples.

Public Transport Train Accident Trips And Slips

Slips, trips, and falls are very common when it comes to accidents in general, and this is certainly no different when it comes to public transport accidents. From poor maintenance of the train or train platform, to liquids that have not been cleaned up properly, there are a variety of reasons why such an accident could happen.

I Was Burned On A Train, Could I Claim Compensation

There are many different ways that burn injuries could happen on a train. You could be injured in this way because someone has spilled a hot drink on you, whether this is another passenger or a member of staff who was serving food and drink. You may also be able to claim if you were served food or drink that was much too hot for consumption. Of course, burn injuries could also be caused through fires, rail crashes, and other serious incidents like this.

Injuries That Can Be Caused By Train Accidents

If you have been involved in an accident, such as a train crash, in the UK, you could suffer various injuries. Some of the potential injuries that could be caused by train accidents include:

  • Fractures or broken bones.
  • Internal injuries
  • Psychological injuries
  • Laceration or abrasions.
  • Amputations.
  • Severe burns, disfigurement and scarring.
  • Spinal cord.

In order to be eligible to claim compensation for your injuries, you must be able to prove that you were injured due to a breach of duty of care.

Contact our advisors today if you would like more information about personal injury claims following train crashes in the UK or other train incidents.

Food And Drink Allergies

Aside from the injuries and accidents that have already been mentioned, people could also explore the options of making a claim for compensation if they have suffered an illness because of the food they consumed while on the train. Of course, you could be able to claim for food poisoning, which may only last a few days, but there have been a number of severe cases. You may also be able to claim if you have had an allergic reaction and you believe that the train company is to blame for not giving you the right allergen information. Today, it is the law for all companies selling pre-packaged food to display allergen information on the packaging. If they have failed to do this, and you have fallen sick, you could have a chance of securing a payout.

Claiming Compensation For A Death Caused By A Train Accident

You may also be able to claim if you have lost a loved one because of a train accident. We know that you may be going through an incredibly difficult time at the moment, and a court battle is the last thing you may want. However, you may be entitled to compensation to cover funeral costs and any other expenses, as well as covering funds that have been lost in terms of your loved one’s financial contribution to the household. If you align yourself with a top quality firm, they could do most of the leg work for you and they would likely work hard to try and make sure that going to court is an extremely small possibility.

Train Operating Companies In The UK

There are a number of train companies operating in the UK. No matter what service you were using, if the accident was not your fault, you could proceed with looking into the option of making a claim for compensation. The train companies operating in the UK at present include:

  • West Midlands Trains
  • West Midlands Railway
  • London Overground
  • London Northwestern Railway
  • LNER
  • Island Line
  • Hull Trains
  • Heathrow Express
  • Virgin Trains
  • Transport for Wales
  • TransPennine Express
  • Thameslink
  • Great Western Railway
  • Great Northern
  • Grand Central
  • Gatwick Express
  • Tfl Rail
  • Stansted Express
  • Southern
  • Southeastern
  • Chiltern Railways
  • Caledonian Sleeper
  • C2c
  • South Western Railway
  • ScotRail
  • Northern
  • Merseyrail
  • London Underground
  • Greater Anglia
  • Eurostar
  • East Midlands Trains
  • Cross Country

How Long Do I Have To Make A Public Transport Accident Claim?

If you are eligible to make a public transport accident claim, you must start the process within the relevant limitation period. Generally, this is three years from the date of the accident that caused your injuries.

However, for certain claims being made for train accidents, there are exceptions to this time limit. This includes:

  • Those who lack the mental capacity to claim for themself. In these cases, an indefinite suspension is applied to the time limit. During this period, a court-appointed litigation friend could make a claim on their behalf. However, if the injured party regains this mental capacity and a claim has not been made for them, they will have three years from the recovery date to start one.
  • Those under the age of 18 at the time of the accident. In these cases, a pause is applied to the time limit, which lasts until their 18th birthday. Before this point, a litigation friend could make a claim on their behalf. If a claim has not been made by their 18th birthday, they will have three years to start one.

Contact our advisors today to see if you have enough time to start a claim for train compensation. Our friendly team is available 24/7 to offer you free advice.

No Win No Fee Public Transport Train Accident Claims

One thing we advise people to do is arm themselves with a good law firm, as they could handle everything and ensure hassle is minimised on your part. You could then concentrate on getting better whilst they focus on getting the money you are entitled to. Choosing a no win no fee solicitor is a wise decision to make for many people. So, let’s take a look why this is, as well as some other factors to consider.

Experience – It would be a good idea to look for a law firm that has experience. You may certainly not want to be someone’s practice project. You may want to be safe in the knowledge that the company has handled plenty of personal injury cases before. Therefore, they should have the capability and expertise to handle yours.

Service – What type of service are you going to experience? When it comes to personal injury cases, you may want to opt for a no win no fee service. This is ideal for most people, as no money is required to begin your claim. Moreover, you would not have to worry about the huge financial implications that could arise if you lost your case whilst using a traditional solicitor.

Convenience – Another piece of advice would be to find a law firm that is easy to get in touch with. There is nothing more frustrating than only being able to call at set times, being sent straight to answer phone and so on and so forth. You might want to try all of the contact methods before agreeing to use the company’s service.

Reputation – Another option to bring you peace of mind would be to read the reviews that have been left by previous customers. What have they had to say about their experience with the law firm? Were they happy with their dealing with the company? Did they receive compensation? Were they easy to deal with? This is one way to receive an honest answer into the service you are likely to benefit from.

How To Start A Train Accident Injury Claim

When claiming for injuries caused in train accidents, it’s important to be aware of the key steps involved in making a claim. Initially, you’ll need to inform the body who you believe to be responsible that you intend to make a claim. In this instance, this would be the train company you were travelling with at the time.

Whilst this may result in them admitting liability and making an initial offer of compensation, this is not a guarantee. If they deny liability, then you will need to gather further evidence to support your claim. Even if they do make an early offer of compensation for a train injury, we advise that you seek legal advice before accepting it. A lawyer could help you gather evidence that may prove that you’re owed more than they’re offering.

Make sure to act within the train crash claim time limits. As with other personal injury claims, this is generally 3 years from the date you were injured. But there can be certain exceptions made depending on the circumstances.

If you have any questions, get in touch with our advisors today.

References And Related Claims Guides

Below, we’ve included some other guides you may find useful.