If you have experienced harm on a train as a result of a third party breaching the duty of care they owe you, you may be able to seek compensation. This guide will look at how a train injury lawyer could help you do so and the services they could provide.
Additionally, our guide will explore the duty of care you are owed. We will also examine how an accident on public transport could occur and the injuries someone could sustain as a result.
Furthermore, we will look at the steps you could take after an accident, including gathering evidence and seeking legal advice.
We’ll also discuss the compensation that you could be awarded and how it may be calculated.
To learn more, please continue reading. Alternatively, you could get in touch with an adviser to discuss your potential train accident claim. Contact us by:
- Calling 020 8050 2736
- Getting in touch using our live chat feature
- Sending your query via our ‘claim online’ form
Choose A Section
- Can I Claim With A Train Injury Lawyer?
- How Could A Train Accident Occur?
- Potential Payouts For Personal Injury Claims
- Evidence That Could Help You Claim For An Accident In A Public Place
- Why Use A No Win No Fee Train Injury Lawyer?
- Learn More About Making A Personal Injury Claim For Negligence
A variety of injuries could be sustained while travelling on a train, such as a:
When you claim for an accident in a public place, such as on a train, the nature of the injuries you sustain will be taken into consideration. Factors such as the severity of your injury, the type of injury you have sustained and the impact on your quality of life will be considered when valuing how much compensation you’re owed.
In order to seek compensation, however, you must be able to demonstrate that a third party breached the duty of care they owed you and caused you to sustain physical or psychological harm as a result. This is known as negligence.
Read on to learn more about the duty of care you are owed on a train. Alternatively, get in touch using the number above to find out how a train injury lawyer could help you seek compensation for your injuries.
The operator of a train company owes you a duty of care. If they fail to adhere to this duty of care, it could cause a passenger to sustain harm on a train.
Examples of how accidents could occur on a train include:
- A passenger may have trapped their arm in a malfunctioning train door resulting in them sustaining a severe arm injury.
- A passenger may have slipped on a wet toilet floor that was not signposted.
- There may have been no warning given to passengers about the gap between the train and the platform edge.
- There may have been no warning given to passengers about the doors closing.
- A faulty seat may have caused someone to injure themselves as they sit down.
Please note, not all train accidents will form the basis of a valid claim. You must prove that you sustained harm due to negligence. A train injury lawyer could help you determine who may have been negligent at the time of your accident. To learn more, call our advisers today.
There are up to two potential heads of claim that could make up your settlement following a successful claim. These are:
- General damages: This head of claim compensates for the way your injuries have affected your quality of life. Consideration is given to the pain and suffering you have experienced as a result.
- Special damages: This heaf of claim seeks to compensate for the financial losses you have incurred as a result of your injuries. This can include loss of earnings, the cost of care or home adaptations. However, you must provide evidence of these losses, including bank statements and payslips.
In order to value your injuries accurately, legal professionals can consult medical evidence provided in support of your claim. Additionally, they can use guidelines from the Judicial College. The guidelines contain compensation amounts for different injuries. We have used these to create the table below. However, they only intended to be used as a guide because each settlement is unique.
|Type Of Injury||Notes||Guideline Compensation Payout|
|Injuries involving paralysis||(b) Paraplegia: Several factors are considered when determining the level of award that is appropriate, such as age, life expectancy and presence of pain.||£219,070 to £284,260|
|Leg Injuries||(a) Amputations (i) Both legs are amputated.||£240,790 to £282,010|
|Brain Damage||(c) Moderate (i) There is a moderate to severe intellectual deficit accompanied by other issues such as a change in personality, an effect on the senses, risk of epilepsy and no prospect of employment.||£150,110 to £219,070|
|Back Injuries||(a) Severe (ii)This bracket contains cases with special features such as damage to the nerve roots with sensation loss, mobility impairment and other issues.||£74,160 to £88,430|
|Ankle Injuries||(a) Very severe: Injuries such as a bilateral ankle fracture are included in this bracket.||£50,060 to £69,700|
|Wrist Injuries||(a) Function in the wrist is completely lost.||£47,620 to £59,860|
|Arm Injuries||(c) Less severe: Injuries causing a significant disability but where recovery of a substantial degree will have occurred or be expected.||£19,200 to £39,170|
|Arm Injuries||(d) Forearm fractures that are simple in nature.||£6,610 to £19,200|
|Hand Injuries||(f) Severe fractures of fingers that may lead to partial amputations and resulting in deformity, grip impairment, and reduced function.||Up to £36,740|
|Shoulder Injuries||(e) A clavicle fracture.||£5,150 to £12,240|
For more information on how a train injury lawyer might calculate the compensation you’re owed, please get in touch on the number above.
There are several pieces of evidence that could help support your potential claim. Examples include:
- Photographic evidence or video recordings to show what happened. This could include CCTV footage, pictures of the accident or your injuries.
- Contact details of anyone who witnessed the accident.
- Copy of a report in the accident book, if applicable.
In addition, you should seek medical care for your injuries. In doing so, you can access treatment for your injuries as well as a diagnosis. Also, your medical records can be used as evidence to support your potential claim.
Furthermore, you should seek legal advice. Our advisers can provide free legal advice and assess the validity of your claim.
If your case has a strong chance of success, an adviser could connect you with a train injury lawyer from our panel. They could help you collect the evidence needed for a personal injury claim. To learn more, get in touch using the number at the top of the page.
The solicitors from our panel may be able to offer you a type of No Win No Fee agreement. One, in particular, is known as a Conditional Fee Agreement (CFA). The terms of a CFA generally mean that you do not have to pay for the services your solicitor to upfront, during the claims process, or if your claim fails.
If your claim is successful, you pay a small percentage of your compensation. This amount is capped by law.
Contact Us For Free To See If You Can Make A Train Injury Claim
If you’d like to know more about any of the topics discussed in this guide, or if you have other questions, get in touch with our team of advisers. They can provide further guidance on how a train injury lawyer could help you throughout the claims process. To get in touch, you can:
- Call 020 8050 2736
- Get in touch using our live chat feature
- Send your query via our ‘claim online’ form
Other personal injury guides that may be of use:
- I Had An Accident At A Train Station – Can I Claim?
- How To Claim Compensation For A Pedestrian Crossing Accident
- How Long Do I Have to Claim After an Accident at Work?
External resources that you may find helpful:
- Office Of Rail And Road – Estimates Of Station Usage
- GOV – Request CCTV Footage
- NHS – When To Call 999
We hope this article has provided useful information about hiring the services of a train injury lawyer. To find out more, contact us using the details provided.
Writer Morgan Find
Editor Meg McDonald