Are you looking for information on how a train accident compensation calculator works? This guide explains how personal injury compensation could be awarded for a successful claim and what to expect from a compensation calculator.
Additionally, this guide will examine public liability claims and who is eligible to seek compensation for personal injury after an accident on a train. Below, we’ll look at some examples of train accidents in and around the station as well.
Evidence is an important part of a public liability claim for train accident compensation, so we detail what you could use to bolster your case. After this, we explain the time limits that apply to starting a claim. Finally, we lay out the advantages of seeking legal representation to help through the claims process.
We work closely with a panel of personal injury solicitors who could help you put forward a much stronger claim for damages after an accident on a train or in a train station. Simply connect with our advisory team to see if your case qualifies. Or if you have general questions about public transport accident compensation, you can:
- Ring on 0800 408 7826 to discuss your potential claim.
- Ask us anything through the live support option below.
- Find out what your claim is valued at and Contact us online.
Jump To A Section
- Train Accident Compensation Calculator
- What Is A Train Accident Compensation Claim?
- Can I Claim For A Train Station Accident?
- What Evidence Can Help Me Make A Train Accident Claim?
- How Long Do I Have To Claim Train Injury Compensation?
- What Are No Win No Fee Train Injury Claims?
- Learn More About Personal Injury Cases
Train Accident Compensation Calculator
If you sustained an injury in a train station, you may be looking for a train accident compensation calculator for an estimate of what you could receive for your injuries. You may also like to know how compensation could be awarded for a successful claim. In this section, we explain what compensation could be awarded for a train accident settlement.
If your personal injury claim is successful the settlement amount can be made up of two categories of loss. One relates to the physical and psychological injuries sustained in the train station accident and is called general damages.
Those tasked with valuing train injury claims use medical records and other resources like the Judicial College Guidelines (JCG) to calculate compensation. This publication details various injuries according to where they are on the body and how severe they might be.
We’ve compiled a brief excerpt from the JCG in the table below. Please be aware that these are guideline amounts only as each personal injury claim will differ:
Compensation Guidelines
| Location of Injury | How Severe? | Guideline Awards | Details |
|---|---|---|---|
| Cases of multiple severe types of harm and special damages awards. | Severe | Up to £1 million plus | Awards of this size apply to several severe forms of injury and special damage payments for lost income, medical bills and the cost of professional care. |
| Head | (a) Very Severe (i) | £344,150 to £493,000 | Complete loss of environmental response, language and continence with total dependence on 24 hour care. |
| Head | (d) Less Severe | £18,700 to £52,550 | Despite initial problems with memory, mood and concentration that may persist, a good recovery and return to activities is expected. |
| Knee | (a) Severe (i) | £85,100 to £117,410 | Serious joint disruption and ligament damage causing osteoarthritis, function loss and need for surgery/prolonged treatment. |
| Neck | (a) Severe (iii) | £55,500 to £68,330 | Dislocations, fractures or soft tissue injuries and tendon damage that cause permanent disability that is significant. |
| Hand | (f) Severe fractures to fingers | Up to £44,840 | Instances where partial amputation may be required and results in weakened grip, deformity and sensory loss. |
| Wrist | (b) Significant | £29,900 to £47,810 | Cases that provoke a permanent injury but a degree of useful joint movement remains. |
| Ankle | (c) Moderate | £16,770 to £32,450 | Ligament tears and fractures that create problems standing or walking on ground that is not level. |
| Back | (b) Moderate (ii) | £15,260 to £33,880 | Disturbed ligaments and muscles prompting back aching and speeding-up or deterioration of a pre-existing condition. |
| Eye | (h) Minor eye injuries | £4,820 to £10,660 | Instances where the person is hit in the eye or is splashed with liquids and suffers initial pain and visual disturbance. |
Please also note that our table includes a figure in the first line that does not come from the JCG.
Can I Claim For Loss Of Earnings In A Train Accident Claim?
The second category of loss that can form part of compensation amounts is called special damages. These acknowledge the financial loss and any monetary expenses incurred due to the injuries sustained in the train accident. In order to include a claim for special damages, you need to submit documented proof of these losses. For instance:
- Payslips that show how you suffered earnings loss through injury or illness after the train accident.
- Medical bills for treatments.
- Receipts showing the cost of alterations to your home or vehicle.
- Paid invoices for the cost of any domestic care at home.
- Tickets and taxi receipts proving travel expenses to crucial appointments. This can include parking and petrol.
There may be other expenses that are eligible for inclusion. It’s worth speaking to our advisory team about how a solicitor could help calculate general and special damages more accurately for you.
What Is A Train Accident Compensation Claim?
A train accident compensation claim is a legal action against the negligent operators of a rail network, shops or others deemed responsible for a space in a train station for causing injury. There is a duty of care owed by all operators of public places, which is detailed in the Occupiers’ Liability Act 1957.
This legislation requires the third party in charge to take reasonable steps to put in place measures that prevent the public from being harmed. This includes carrying out assessments of risk on the trains, platforms and public areas, as well as making sure staff are trained properly to deal with health and safety issues that might arise.
With this in mind, a compensation claim can apply against the occupier of the space in which your injuries occurred if you can show the following:
- At that moment, a duty of care applied.
- This was breached in some way.
- This led to you experiencing harm.
It’s important to meet all three points to have a personal injury claim that is valid.
Next, we look at some train accident examples, which could be the basis of a personal injury claim:
- Train operator staff failed to clean dangerous litter from the seats and a commuter sat on broken glass and suffered cuts and scarring.
- The door catch on a train carriage was broken and unrepaired. A customer suffered a crush injury trying to open or close the train door.
- Ice on the train platform was left untreated and without warning signs. This caused a commuter to slip and fracture their ankle.
Why not take this opportunity to see if your claim is eligible? Just speak to the advisory team for further help on starting a train accident claim.
Can I Claim For A Train Station Accident?
In addition to claiming for an accident on a train, you could be eligible for compensation after injury in the train station. Many stations now are bustling retail and leisure locations where people can shop and eat. A claim could be made against the occupier of a unit on the station platform who was negligent in health and safety procedures. Some examples include:
- The owners of a cafe on the station platform failed to clean up a spillage or put out hazard signs. A commuter slipped on this and experienced a knee injury.
- A food serving area in an outlet restaurant was very hot, but no warning signs were in place. This caused a customer to suffer a burn injury to their arm after leaning against the surface.
- Ice or rainwater on the train concourse lacked ‘cleaning in progress’ signs. Because of this, a commuter had a slip, trip or fall and fractured their wrist.
There may be other examples of how you could have grounds for a valid personal injury claim in the train station itself. Connect with the team to chat over the exact circumstances of your case and find out if you could be eligible for train accident compensation.
What Evidence Can Help Me Make A Train Accident Claim?
To give your train injury claim its best chance of success, you need to assemble evidence that shows how the duty of care to you was breached and how this breach caused your injuries. To help, we’ve put together some examples of evidence it might be possible to collect:
- Copies of medical reports from a GP, hospital A&E admission notes or a specialist’s findings.
- CCTV camera footage from the train station showing the accident.
- Photos or mobile phone footage showing your injuries and the cause.
- The contact information for eyewitnesses. These people can be approached at a later date for a supporting account of what happened.
If you would like to discuss what items could help your claim for train accident compensation or the ways in which a solicitor could help you gather evidence, call one of the advisors from our team.
How Long Do I Have To Claim Train Injury Compensation?
The injured person typically has a period of three years in which to start a compensation claim. The Limitation Act 1980 states that this period usually begins from the date of the accident. There can be variations to this, for example:
- The time limit is put on pause for minors under the age of 18. A family member or other concerned party can be designated by the courts to start a claim for them as a litigation friend. If no claim is submitted, the three-year period can instead start from the date the minor turns 18.
- Time limits are halted completely for claimants who do not have the mental capacity to launch their own claim and they may also benefit from the appointment of a litigation friend. The three year time limit starts from the date that sufficient mental capacity returns.
For clarity on time limits with your train accident compensation claim, speak with advisors on the free call number above. Or you can contact us online, or ask the live discussion portal a question for an immediate response.
What Are No Win No Fee Train Injury Claims?
You may not need to seek train injury compensation alone. If your claim meets the eligibility criteria we looked at above, a solicitor from our panel could help. These solicitors have been handling personal injury cases like this for decades and bring a wealth of expertise and insight into the process. Furthermore, you could access their support and services without the concern of immediate costs.
This is because they offer a type of No Win No Fee contract called a Conditional Fee Agreement (CFA). Personal injury rail accident claims treated under this type of arrangement require:
- No upfront fees apply to start work on the claim.
- The ongoing solicitor’s work requires no fee payment.
- There are no fees owed for completed services in unsuccessful claims.
- However, the advantages don’t end there. If the claim is successful, the solicitors only need to be paid a small and restricted percentage of the compensation awarded to you as their success fee. You can confidently expect to receive almost all of the compensation because this percentage is legally capped.
Find out how a solicitor offering a No Win No Fee agreement could help you claim train accident compensation today:
- Ring on 0800 408 7826 to discuss your potential claim.
- Ask us anything through the live support option below.
- Contact us online and discover what your train accident claim might be worth.
Learn More About Personal Injury Cases
In addition to this guide about train accident compensation, some other guides from our website might be useful:
- This guide looks at public liability claims more broadly.
- Here you can read more on a soft tissue injury settlement calculator.
- Also, this guide answers some personal injury claim FAQs about claiming compensation.
External Resources:
- When to call 999 from the NHS.
- Some Health and safety guidance from the Office of Rail and Road to help everyone avoid train statin accidents.
- Lastly, information on statistics for train accidents from GOV.UK.
We value your interest and our advisors are happy to assist with your queries through the contact options above.