A Guide To Public Transport Train Accident Claims

By Stephen Anderson. Last Updated 21st March 2024. 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.

A public train moving on tracks

Choose A Section

  1. What Is A Public Transport Train Accident?
  2. How To Start A Train Accident Injury Claim
  3. Time Limit For Public Transport Train Accident Claims
  4. Compensation Amounts For Public Transport Train Accident Claims
  5. Injuries That Can Be Caused By Train Accidents
  6. No Win No Fee Public Transport Train Accident Claims
  7. References And Related Claims Guides

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.

How To Start A Train Accident Injury Claim

When you are in public areas, including onboard a public train or at a train station, the controller of the space owes you a duty of care under the Occupiers’ Liability Act 1957. Under this duty, the controller should take steps to ensure your reasonable safety while you’re in the public space.

If you are injured in an accident at a train station or on a train, then you may have valid grounds to claim compensation if the following applies:

  • You were owed a duty of care.
  • This duty was breached by the party that owed you it.
  • You were injured due to this breach.

For more advice on the eligibility requirements for train accident claims, please contact our advisors for free either online or by phoning us.

Time Limit For Public Transport Train Accident Claims

For all personal injury claims, including train accident claims, there is usually a three-year time limit for starting this type of case, as established by the Limitation Act 1980. This time limit usually starts from the date your injury occurred.

Under certain circumstances, the time limit can work differently. If the injured party lacks the mental capacity to start their own train accident claim, then the time limit will be frozen indefinitely. If the injured person later regains their mental capacity, then they will have three years to begin their claim from the day of recovery. If this hasn’t happened, though, then a litigation friend could start a claim on the injured person’s behalf while the time limit is frozen.

If a child has been injured in a train accident, the time limit for starting a claim will be put on hold until their 18th birthday. A litigation friend could start a claim on the child’s behalf before they reach that age. If this doesn’t happen, though, the injured party will have three years to start their claim starting from the date of their 18th birthday.

To learn more about the process of starting a train accident injury claim, please continue reading or contact our advisors for free today.

Compensation Amounts For Public Transport Train Accident Claims

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 NotesAmount
Multiple Serious Injuries And Special DamagesIf the train accident you're claiming for has caused multiple serious injuries, then your potential payout may cover all of these plus any related special damages, such as loss of earnings.Up to £250,000+
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 shoulderNot less than £137,160
Arm InjuriesA simple forearm fracture.£6,610 to £19,200
Hand Injuries - SeriousThis 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 SeriousThe hands function is significantly impaired due to a severe crush injury.£14,450 to £29,000
Facial Disfigurement - Less SevereSubstantial facial disfigurement with a significant psychological reaction.£17,960 to £48,420
Foot Injuries – SeriousTraumatic arthritis that causes continuing pain and will require prolonged treatment.£24,990 to £39,200

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.

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.

Moving train travelling to next destination

No Win No Fee Public Transport Train Accident Claims

Our advisors could potentially connect you with a No Win No Fee solicitor on our panel if you have valid grounds to start a train accident claim.

The solicitors on our panel can support this type of claim under a Conditional Fee Agreement (CFA). Under this type of No Win No Fee agreement, you won’t need to pay your solicitor for their services before your claim has started or while it’s being processed. You also won’t need to pay your solicitor for their work if the claim fails.

If your train accident claim succeeds, then your solicitor will take a success fee from you. This means that your solicitor will take a small and legally capped percentage of the compensation awarded for your claim. The legal cap ensures that you get to keep most of the compensation awarded.

For more advice about working with a No Win No Fee solicitor or other parts of the claiming process, speak to our advisors for free today. To reach our team, you can:

References And Related Claims Guides

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