By Cat Troi. Last Updated 5th May 2022. Welcome to our guide to making a a claim for an accident on a Virgin Train. In it, we explain how a Virgin trains accident could happen, and explore what you need to do to claim for a railway accident such as a train crash.If you have experienced a negligent accident leading to an injury while travelling on a Virgin Train, we could help you fight for compensation.
In this guide, we have included examples of accidents that could possibly happen on a train along with an explanation regarding what makes a train passenger who suffers an injury eligible to pursue a claim for compensation. We look further at the concept of liability, and give information about the claims process itself.
Making A Claim For An Accident On A Virgin Train – Your Questions Answered
If you have any questions that have been left unanswered by this guide, or you simply need some advice about your own claim, then please speak to one of our claims experts on 0800 073 8801. They will be able to give you the answers that you need, and explain how we can help to get your claim started right away.
Select A Section:
- A Guide To Accident Personal Injury Claims On Virgin Trains
- What Is An Accident On A Virgin Train?
- What Do Train Operators Do?
- Train Companies Health And Safety Duty Of Care
- What Are My Rights When Travelling By Train?
- What Accidents Could Happen On A Train
- I Was Injured In A Train Crash, Could I Claim Compensation?
- Could I Claim For A Railway Accident Fatality?
- I Slipped And Fell On A Train, Can I claim?
- I Suffered Burn Injuries On A Train, Am I Entitled To Claim?
- Calculating Compensation For Accidents
- Examples Of Damages Which A Train Accident Claim Can Compensate You For
- No Win No Fee Railway And Train Accident Claims Against Virgin Trains
- How To Begin A Claim For A Virgin Trains Accident
- Speak To Us About Your Claim
- Resources For Victims Of Railway Accidents
A Guide To Accident Personal Injury Claims On Virgin Trains
It is important to state that in order to pursue any type of personal injury claim it must be done so within the time limitations. The contents below, will advise you about the process of making a personal injury claim, so that you can approach your own claim from an informed perspective. It contains information such as:
- An explanation of what an accident on a Virgin Train could be.
- Information about what it is that train operators do, and where the line exists between the services provided by an operator, that those that are provided by the rail company.
- Specific information related to Health & Safety in the rail transport sector, as well as the kinds of regulations that a train operator must comply with at all times.
- An overview of your rights as a train passenger. We will also cover the issues of eligibility to make a claim, and liability to pay compensation in this section.
- A list of examples of potential train accidents and their causes.
- Information on making a claim for an injury that you may have sustained during an accident involving a train, while you are travelling on it.
- Information on making a claim for if a train accident resulted in a fatality. We also cover how family members and dependents could be able to make a claim for the loss of a loved one.
- Information on accidents such as a slip, trip and falls that could happen on a train.
- Information on how burn and scold injuries could happen.
- A table that details the typical ranges of compensation that a person who has suffered any of the listed injuries, could expect to be awarded. This table is based on the UK Judicial Guidelines for evaluating claims.
- A list of many of the most frequently seen types of damages, that people making a successful claim may receive as part of their overall settlement.
- An introduction to the national claims service that we offer to people all across the UK. This is a simple to use service, that is effective in helping people to get the compensation they are entitled to.
If, once you have completed reading this guide, you have some questions about the contents, please do take the time to speak to one of our claims experts. They will be able to give you all of the answers that you require, and explain our claims service to you in more detail.
What Is An Accident On A Virgin Train?
A Virgin Train accident could be any accident that takes place on the train, while boarding the train, or disembarking from the train. An accident could be an unexpected unfortunate incident that may cause an injury or damage or both. It is important to note that Virgin is only responsible for the train itself. The platform, and all of the station services are not the responsibly of Virgin Trains. Therefore, in order to be able to pursue a personal injury claim for an accident on a Virgin Train the accident must have taken place on one of their trains. Also not all accidents that occur may lead to a compensation claim liability on the part of the train operator must firstly be proven.
What Steps Can I Take To Make A Claim After A Virgin Train Accident?
When making a claim for injuries sustained in a train accident, you must be able to provide proof of third-party negligence that caused your injuries. Some examples of evidence you can use to prove someone breached the duty of care they owed you and caused you harm might include:
- Seeking medical attention: This helps to ensure you get the help and treatment you need for your injuries, but it can also help your claim. Any notes or records made by a medical professional documenting your injuries could be used to help your claim.
- Photographs: Taking photographs of the injuries or the site of the injury can be helpful documentation.
- CCTV: If the train has CCTV, you may be able to request footage of the accident.
Contact our team of advisors today to find out how one of our expert No Win No Fee solicitors can help you strengthen your accident on a train claim. Alternatively, you can get in touch to see if you can make a claim after an accident on a virgin train.
West Coast Trains Limited (Virgin Trains), operates a service between Edinburgh, Glasgow, Liverpool, Manchester, Birmingham and London. To answer the question, what do train operators do? in the case of West Coast Trains Limited, the company provides the physical trains that are used for the routes, as well as all of the associated services such as the dining car, maintenance, conductors, etc. A Training Operating Company also known as a TOC is a business which provides a train service to passengers.
Train Companies Health And Safety Duty Of Care
When it comes to keeping passengers safe, TOC responsibility revolves around primarily, full compliance with all Health & Safety regulations related to the rail transport sector in the UK. Train companies operate within the legal framework of the UK and are accountable through Parliament. Economic and safety functions include but are not exclusive to;
- The Railway Act 1993
- The Railway Act 2005
- The Health and Safety at Work 1974
All train operating companies have a duty of care to all passengers and employees. They must make sure that at all times both are safe when using their services. Providing a safe and healthy environment. The company is expected to keep both employees and passengers safe at all times. The environment should be hazard free from both accident risks and also health risks.
What Are My Rights When Travelling By Train?
Alongside your general consumer rights, you are also protected by the Rail Passenger Rights Regulation 2007. This is a whole body of legislation that provides a framework which train service operators must work within. This covers everything from minimum levels of service and safety, to the right to claim a refund for a ticket, etc. If you are injured in an avoidable accident while travelling on a train or made ill due to negligence of the train staff or operator you may be eligible to claim compensation and the train operator may be liable to pay.
What Accidents Could Happen On A Train
There are different ways that people could be injured on a train. Here are some examples of accidents that could potentially happen on a train;
- Slips, trips and falls.
- Actual train collisions/ a train crash.
- Being struck by a moving luggage.
- Food-related illnesses such as food poisoning and allergic reactions.
- Injuries from damaged seats
- Burns and scalds.
If you were injured in a workplace accident on a Virgin train, this could also lead to compensation. You can see the common cause of workplace accidents in 2020-21 below, as per the HSE’s report. Please remember, however, you would need to prove that your employer had breached their duty of care towards you. You’d also have to prove that this breach caused the accident that injured you to claim.
I Was Injured In A Train Crash, Could I Claim Compensation?
If you have been involved in a train collision perhaps the train has collided with other, the track has had debris on it or the train has malfunctioned and the accident has caused a direct injury you may be eligible to claim.
Could I Claim For A Railway Accident Fatality?
If a loved one or close family member have died due to a train accident that was deemed the fault of the train operator it may be possible to make a fatal accident claim against the train service provider. In this case, it would be the next of kin or family member that makes the claim for the loss of a loved one or family member. If you require any assistance regarding this please do not hesitate to give us a call and we can answer all your questions and queries.
I Slipped And Fell On A Train, Can I claim?
Slips trips and falls are common accidents that could happen anywhere. However, to make a claim following a slip and fall on a train, your injuries must have been caused by third-party negligence. Here are some examples of slips, trips, and falls that may lead to compensation claims:
- Water that has been spilt on the floor of the train but not been cleaned up or signage put out causing a passenger to slip and fall on a train.
- Food that has been spilt on the floor of the buffet car but has not been cleaned up, again causing a passenger to fall and injure themselves.
- Damaged or poorly maintained floor or steps into the train causing a tripping accident leading to an injury.
- Wet floors after cleaning with no warning signs causing a slip hazard leading to an injury.
- Scalds and burns caused by the buffet staff if they accidentally spill a hot drink on a passenger.
I Suffered Burn Injuries On A Train, Am I Entitled To Claim?
Burn and scold injuries such as a hot coffee burn or a hot tea burn could happen if the staff on the buffet cart accidentally spill a hot drink on a passenger. For example, the cart could overturn, or the employee may slip and fall on a train and cause burns.
Other reasons for burn injuries on a train could be faulty heating or mechanical defects, or scalding water that isn’t signposted in a bathroom. For more information, contact one of our advisors by following the information at the bottom of the screen.
Calculating Compensation For Accidents
You might be able to locate an online personal injury claims calculator tool, that could give you a rough idea of how much you could be able to make a claim for. However, the table below has been created using a document often used by legal professionals, known as the Judicial College Guidelines (JCG), to evaluate how much a claim is worth. It shows typical compensation ranges for many types of injuries.
|Type of Injury||Severity||Amount||Information|
|Head Injury||Minor brain or head injury to moderate brain damage.||Up to £219,070||Brackets start at brain damage being minimal, good recovery will be made to concentration and memory effected, work life affected, intellectual deficit, a personality change, an effect on sight, speech and senses with a significant risk of epilepsy.|
|Neck Injury||Minor to Moderate||Up to £38,490||Brackets starts at soft tissue damage with recovery in 3 months to accelerated and/or exacerbated a pre-existing condition, permanent nuisance symptoms, wrenching-type injury and disc lesion of the more severe type. The top end of this brackets includes included chronic conditions, usually involving referred symptoms to other parts of the anatomy.|
|Shoulder Injury||Severe||£19,200 to £48,030||Significant disability leading to neck and arm pain.|
|Arm Injury||Simple Fractures||£6,610 to £19,200||Simple fractures of the forearm.|
|Hand Injury||Moderate to Serious||£5,720 to £61,910||Starting off at soft tissue damage, crush injury, laceration, deep wounds to significant impaired function, permanent disability, to reduced capacity, loss of grip, amputation of fingers and possibly palm.|
|Hip/Pelvis Injury||Moderate||£12,590 to £39,170||Hip replacement, hip/pelvis surgery, to significant pelvis/hip permanent disability.|
|Leg Injury||Less serious leg injuries to severe leg injuries.||From £17,960 to £135,920||Brackets start as simple leBrackets start as simple leg fractures, leg will be left with metal implant and/or defective gait, a limp, impaired mobility, sensory loss, discomfort, to imperfect union of fractures, muscle waste, serious compound fractures resulting in instability multiple fractures, effect on employment.g fractures, leg will be left with metal implant and/or defective gait, a limp, impaired mobility, sensory loss, discomfort, to imperfect union of fractures, muscle waste, serious compound fractures, multiple fractures, effect on employment.|
|Knee Injury||Moderate||Up to £26,190||Brackets include twisting, bruising, continuous discomfort to dislocation, torn cartilage, mild future disability.|
|Ankle Injury||Modest Injuries||Up to £13,740||Undisplaced fractures, twists, sprains, ligament injuries.|
|Foot Injury||Modest to Serious||Upto £39,200||Simple metatarsal fractures, ruptured ligaments, puncture wounds to metatarsal fractures resulting in permanent, deformity, risk of fusion surgery to severe injury to a foot or heel.|
If you would like to get a much more accurate estimate of how much you could potentially claim following a slip and fall on a train or another accident on a train, then please speak to one of our expert advisors. Once they know a little about your case, they should be able to give you an indication of the worth of the claim.
Examples Of Damages Which A Train Accident Claim Can Compensate You For
When a personal injury lawyer processes a claim on behalf of a client, if they are successful, the compensation settlement received will be made up of a number of different types of damages, for example:
- Special damages for:
- Loss of future earnings.
- Loss of current income:
- Cost of hiring care staff.
- Cost of private medical care.
- Travel costs.
- General damages for:
If you would like to know what kinds of damages might be applicable with respect to your own claim, please speak to one of our team today. They will go over your claim with you, and explain which kinds of damages you may be able to pursue.
No Win No Fee Railway And Train Accident Claims Against Virgin Trains
We offer our national No Win No Fee claims service as an easy to access, yet very effective way for you to hire legal representation to further your claim. Our solicitors offer representation through a Conditional Fee Agreement (CFA), which means you won’t need to pay any upfront or ongoing fees to them. If your claim succeeds, you will pay a success fee. But, if not, you won’t pay any success fee to your solicitor.
How To Begin A Claim For A Virgin Trains Accident
If you are ready to begin your claim for railway accident compensation, all you need to do is speak to one of our claims experts on the number below. They will then ask you a series of questions about your claim, that are designed to give us an overall picture of your accident, and the injuries that it caused. Once they know enough to begin giving you informed advice, they will recommend a course of action to you. In many cases, this will be to use our national claims service to get you the compensation that you are eligible for.
Speak To Us About Your Claim
Have you suffered an injury on a Virgin Train? Can you prove that your injuries are a result of third-party negligence? If so, please speak to one of our claims team today on 0800 073 8801. They will go over your claim with you, inform you of your options, and offer you a simple yet effective way to have your claim set in motion today.
Resources For Victims Of Railway Accidents
You might find the information at the following web pages to be of use:
Information about Virgin Trains – You can find information on the company here.
Duty of care for rail providers – Find out here what duty a rail provider has towards you relating to a railway accident such as a train crash.
UK Government information on passenger safety – Find more about passenger safety here.
Internal Guides For Those Making A Claim For An Accident On A Train
Additionally, these two related guides elsewhere on this site may be useful:
How to make a claim for a rail accident – If you’ve been injured in a railway accident such as a train crash, this guide could help.
A guide to station accident claims – You could be eligible to claim for a railway accident at the station too.
Concussion Accident Claims – Information on making a claim following a concussion.
Soft Tissue Injury Claims – You may be able to make a claim following a soft tissue injury.
FAQ On Making A Claim For A Virgin Train Accident
Could I Make A Claim For A Virgin Trains Accident That Injured My Child?
If your child was injured in a railway accident that was caused by someone else’s negligence, such as a train crash, you could help them make a claim for compensation.
According to the law, children under the age of 18 would not be able to make their own claims. However, you could apply to act as their litigation friend provided you meet the criteria. For instance, only certain people can act as a litigation friend on behalf of a child, such as a parent or guardian. We could advise you on how to apply to become a litigation friend for your child.
You would then be able to make decisions that are in the best interest of the child when making their claim for an accident on a Virgin train.
If you would like to speak to us about how long you could have to make such a claim, or you have further questions about getting started, we would be glad to help you.
Could I claim for a Virgin Trains accident that caused psychological injuries?
If you could prove that the negligence of the train operator led to an accident that caused you psychological injuries, you could be eligible to claim compensation. Victims that have been injured in a train crash, for example, could suffer physical injuries and psychological injuries. These injuries could include post-traumatic stress disorder, which could have a long term effect on the person’s life. A claim for compensation could help to recover damages for this.
What is the main aim of personal injury compensation?
The main aim of personal injury compensation is to return the claimant as much as is possible to the position they would have been in had the accident not occurred.