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

By Cat Gengar. Last Updated 1st June 2022. 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 SustainedGuide AmountNotes
Hand Injuries (Less Serious)£12,670 to £25,430This type of injury would likely leave the hand with loss of function until such time as it is healed. This could happen if the hand were crushed.
Hand Injuries (Serious)£25,430 to £54,280This type of injury would likely leave the hand with less than half its usual function on a permanent basis.
Arm fracture/sUp to £16,830Simpler fractures to the short bones located in the forearm.
Foot Injuries – ModerateUp to £21,910This type of injury would leave the foot immobile until such time as it was healed.
Foot Injuries – Serious£21,910 to £34,370This is likely to leave the foot permanently damaged in some way.
Facial Scarring (Less Severe)£15,750 to £42,460Disfigurement and psychological reaction to this.
Scarring to the bodyUp to £19,930This could be a number of noticeable scars, or one significant one, on the back, chest, arms or legs.

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.

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 Caused By Rail Crashes

Although rail crashes are rare, they could happen, and if they do, the injuries could be very severe. From poor weather to mechanical failure, there are a number of different potential causes for accidents like this. If you have been involved in a rail crash, there is a chance you could be able to make a claim for compensation.

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

Train Accident Claim Time Limit

We do advise many people not to wait around when it comes to making a claim. Understandably a lot of people may want to focus on getting better first and then they may worry about making a claim later. You could indeed do this, but you need to be aware of the fact that there is a three-year time limit on most personal injury cases. Court proceedings must be issued within this time period and it begins from the date of the incident. Moreover, the quicker you act, the easier it could be to form your case and get witness statements and such like. Of course, as is the case with most rules, there are exceptions. Therefore, if three years have passed, do not completely rule out your chances. It would be wise in this instance to give us a call for more information. The table below also sheds some further light on these time limits.

CircumstancesTime Limit
You were injured on a train3 years from the date of the accident
Your child was injured3 years from the date of the accident if you’re claiming for your child or 3 years from when your child turns 18-years-old
There was criminal activity involved2 years from the date of the accident

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 Public Transport Train Accident Claim

If you are making a public liability insurance claim, you may well want to make sure you get the maximum payout. So, if you are wondering what to do after the public transport train accident in order to claim, read on for some tips that are not to be missed.

  • Report the incident – The first thing you need to do is make sure you report the incident to the train company in question. This should ensure there is an official record of the public transport train accident.
  • Gather evidence – Gathering evidence is important too. There are many different ways you could go about this. This could include taking photographs, asking for CCTV footage, getting the contact details of any witnesses, and keeping proof all expenses incurred.
  • Know the time limits – There are time limits on all personal injury claims. As mentioned above, the personal injury claims time limit is three years for most cases, starting from the date of your accident. However, if your injuries have developed over time, you might have three years from the date of your diagnosis instead. There really is no time to wait. Not only do court proceedings have to be issued within this time frame, but also in many cases it is much more straightforward when it comes to claiming the quicker you do it. Now is a good time to find out about the time limit that is applicable to your case.
  • Select a UK-based law firm – This may seem like a no-brainer, but as compensation can often be resolved over the telephone, there may be overseas companies trying to entice people to use their services.
  • Choose a no win no fee solicitor – A no win no fee personal injury solicitor is a wise choice for many people that want to make a claim. This is because the financial risk that is so often associated with compensation cases is eliminated. How? Well, you will only pay legal fees to the personal injury lawyer if your case is a success.
  • Get a letter from your employer – If you have missed any work because of your injuries, you should get a letter from your employer to confirm this. This is because you could claim for loss of income as a special damage when it comes to building a case.
  • Make a medical appointment – It is advisable to see a doctor if you want to make a claim. Of course, this is also crucial for your health. However, when it comes to personal injury claims, the medical report supplied by the doctor is often seen as a vital piece of evidence that you may not want to do without. Therefore, make sure you attend all of the required medical appointments with your doctor, and you will need to supply all of the appropriate information too. If you have not seen a doctor yet, though, do not panic you might well have time to do so.
  • Call Pro Lawyers – If you are ready to make a claim for the public transport train accident you were involved in, we recommend getting in touch with our sponsors at Pro Lawyers Today. You can call them at this number 0800 953 0698 or click their link in the references section below.

References And Related Claims Guides

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