Train/Rail Accident Claims
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Train/Rail Accident Claims
The UK’s railway and underground systems are some of the most sophisticated in the world – but what happens when your daily commute or a leisurely day out ends in a train or rail accident? Train accidents do happen, and the injuries incurred from them can be life-changing. Fortunately, compensation is available for victims that can prove the rail operator was negligent.
Are you eligible to claim compensation for your train accident?
Whether you’re injured on a train or at the railway station itself, you should have the right to claim compensation and recover any financial losses.
Diving head-first into the claims process can often mean you don’t have the necessary support to ensure you receive all the compensation you’re entitled to. However, contacting a free advice service can help you determine your eligibility and likelihood of getting compensation.
What are train and rail accidents?
Train and rail accidents often involve individual trains or railway infrastructures. However, they can also occur in train stations and when people get on and off trains. Incidents often vary in severity, with some causing minor injuries and others resulting in a loss of life.
Crowded stations contribute significantly to general trips and falls, but passengers can also suffer injuries due to driver negligence, issues with the track, or collisions with other trains.
According to research by Statista, in 2017/2018, there were 48 non-suicide fatalities due to railway accidents. While this number decreased to 23 in 2020/2021, deaths associated with railway incidents are more common than they should be.
Why claim compensation for yourself or a loved one?
Even a minor train accident can cause injuries that decrease your ability to work and perform daily activities. By claiming compensation, you can pay for much-needed private medical treatment and ongoing care if needed.
The Office of Rail and Road is responsible for ensuring safety on the railways, warning passengers about the gaps between the train and platform and monitoring rail operators to ensure they adhere to health and safety laws.
So, if you or a loved one are victims of an accident, you have the right to hold the railway operator responsible by claiming compensation.
Not only does it help you recover any financial losses, but it also ensures operators, drivers, and employees take more responsibility in the future.
What causes train accidents?
Train stations in major UK cities are often busy, with commuters passing through each day, and the crowded nature of these stations can cause accidents. However, poor maintenance of trains and stations can also cause unnecessary incidents.
The most common causes of accidents include:
Malfunctioning escalators and lifts
Wet floors without clear warning signs
Being trapped by train barriers
Broken seats or other things in waiting areas can cause serious injury
Crush injuries from overcrowding
Falling through the gaps between trains and platforms
Less common accidents include collisions with other trains and falling onto the platform while waiting for a train to arrive. They’re rare, but unfortunately can happen, and these types of injuries can be fatal.
Injuries caused by train accidents
Regardless of the injury you sustain, you can claim compensation if you’re not responsible. However, injuries can vary in their seriousness, and some only require minimal treatment.
Common train accident injuries include:
Minor cuts and scrapes from slips, trips, and falls
Ligament and tendon damage
Burns from hot drinks
Fractures and sprains
Back and neck injuries
Traumatic brain injuries
These are just some of the possible injuries, but they depend on the severity of the incident. With 23 victims of a fatal train accident in 2020/2021, they can occur, and the effects can be devastating for the individual’s loved ones.
Have you been injured in a train accident? Here’s what you should do
If you or a loved one suffers a train accident injury, you should be able to make a compensation claim. However, for the claim to be successful, you’ll need to prove the operator was negligent. For example, if there are clear wet floor signs that you ignore and then slip, you won’t be eligible.
To determine your eligibility to make a train accident, call 0800 234 6438 to discuss the incident. A legal advisor will ask about your case and put you in contact with a no win no fee solicitor, and you can start your claim.
Working with a no win no fee solicitor
Opting for a no win no fee service instead of a traditional lawyer will give you the support you deserve throughout the process, without incurring any of the financial risk with bringing a claim. Making a personal injury claim can be a daunting experience, but these legal services are highly experienced in train accident compensation.
Also, while traditional lawyers usually charge an hourly fee, no win no fee services don’t receive any money unless they win your case. If you receive compensation, your solicitor will take their payment out of your settlement, ensuring you don’t lose out financially.
Calculating your award
Your lawyer will look at various factors when navigating train accident claims. For example, the extent of your injuries and the operator’s negligence will define how much you’re eligible to receive, but it also depends on the results of your medical assessment.
Your lawyer will also gather evidence to support your claim, including securing any available CCTV footage. Gathering evidence yourself can also speed up the process, and we’ll cover how to do this soon.
Next, your solicitor will meet with the negligent party’s insurance company to get the maximum train injury compensation. While some operators are responsive to these claims and will want to settle the process immediately, others can be challenging.
The insurance provider will probably request your medical records and might want to conduct their own assessment before settling the train injury claim.
Settlement and moving on
Most train accident claims don’t go to court, but your lawyer will discuss this option with you if both parties fail to reach an agreement. Once you receive your settlement, the solicitor will take their fee out of the compensation, and you can use the rest of the money for private treatments and anything else.
Which evidence should I collect when making a claim?
Collecting evidence as soon as the accident occurs is always best because your injuries might be time sensitive. Take photographs of the scene and ask witnesses for their contact details to ensure your solicitor can reach them.
Witness statements can be invaluable for a train accident claim, as they prove your account of things and hold the operator responsible.
Even if your injuries are minor, it’s essential to go to a minor injuries unit or visit your GP, as they’ll document any visible injuries, proving they occurred at the time.
Any CCTV from the train station is also beneficial; your lawyer should be able to obtain that for you.
How much compensation will I receive from my personal injury claim?
There’s no set amount of compensation because it depends on numerous factors. In general, your lawyer will calculate a potential award based on the injuries you suffer and how they impact your life. Solicitors also consider both general and special damages to work out an amount:
General Damages: These damages refer to the physical and emotional impact of injuries, including psychological injuries such as anxiety, stress or depression.
Special Damages: Factoring in special damages to your claim is essential because they cover any financial losses from being unable to work, transportation costs, and private healthcare needs.
Estimated compensation amounts
There’s no set compensation amount for train injury claims because they depend on the above factors. However, you can refer to these estimates from other cases to understand how much compensation you could receive.
Minor Injuries: £200 to £1,860.
Shoulder Injuries: Up to £36,500.
Back Injuries: Up to £53,000
Neck Injuries: Up to £112,000
Along with the general amounts for injuries, your solicitor will also factor in pain and suffering and loss of earnings into your train accident compensation claim:
Pain/Suffering: From £1,000 to £200,000.
Loss of Earnings: £10,000 up to £400,000, depending on how much you have lost or expect to lose in the future.
These amounts are only ballpark figures, so call 0800 234 6438 today and discuss your claim with a legal advisor who will put you in touch with a personal injury solicitor.
Begin your train accident claim today
Being the victim of negligence can have a lasting impact on anyone’s life, causing both physical and psychological trauma. No amount of compensation can reverse the experience or your injuries, but it can help you recover financially and provide some much-needed security.
If you’d like to discuss your injuries today, please complete the online form or call 0800 234 6438 and speak to a legal advisor immediately.