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Tram & Train Accident Lawyers

Train accidents and tram accidents are rare, but passengers and bystanders often suffer severe injuries when they occur. Our Tram & Train Accident Lawyers Brisbane and QLD act for passengers, pedestrians, drivers, conductors and other rail and tram personnel so that in each case you can get the payout or compensation you deserve.

Do you have a claim?

Check to see if you are entitled to compensation. If you have a question, please get in touch with our team.

Do you have a potential claim for a Tram & Train Accident?

Make an enquiry

What do you do if you have been injured in a Tram or Train accident?

Tram & Train Accident is rare, but when they occur, passengers and bystanders often suffer serious injuries.

Claims can be made for someone injured in a rail or tram accident as well as for their family members and for bystanders (for nervous shock) and surviving family members in the case of a death. For injuries, verification by medical specialists is needed.

We ensure passengers and rail personnel injury compensation claims are conducted by lawyers with expertise in analysing the cause of the heavy vehicle accidents and understanding the particular injuries that result.

Our Tram & Train Accident Lawyers ensure the claims they make for accident victims include loss of income, pain & suffering, loss of enjoyment of life, loss of future earning capacity, paid and unpaid care, expenses and the other financial losses that apply.

Your Tram & Train Accident Lawyers can also answer any questions you have about the claims process, explain how compensation is calculated and how our no-win-no-fee terms work.

An expert team member is available to meet with you at our Brisbane Head Office – close by to major courts and insurers as well as medical and safety expert consultants – or at our Princess Alexandra Hospital office or at our Browns Plains Medical Precinct satellite office.

Call or email today to get expert advice from the Tram & Train Accident Lawyers at Carter Capner Law.

If you are unable to work due to sickness, disability, or a permanent injury you may be also entitled to claim compensation through your super as a Total and permanent disability (“TPD”) claim.

1

Make compulsory third party insurance (CTP) claim

In Queensland, motor vehicles are required to have ‘compulsory third party insurance‘ (CTP). If your tram or rail injury resulting from a collision with a motor vehicle, your train accident lawyer will initiate your claim to the at-fault party’s motor vehicle insurer.

2

Contact us to set up your free initial appointment.

At the initial consultation, our Tram & Train Accident Lawyers will get more details on your situation and then investigate insurance coverage. Our Tram & Train Accident Lawyers will also explain our client and No Win No Fee agreement.

3

Investigation & gathering evidence

Our Tram & Train Accident Lawyers will investigate and gather evidence while you recover from your injuries.

After that, our Tram & Train Accident Lawyers brief medical specialists to examine you and provide expert evidence reports. From those reports, we will formulate how the injury has impacted you and your family at work and at home.

4

Attendance of informal settlement meeting

Our Tram & Train Accident Lawyers will also formulate your damages demand and appoint an out of court meeting to negotiate the resolution of your claim settlement.

5

Case settled or court proceedings

Statistically, more than 97% of compensation claims are settled out of court. In many cases, the claim is resolved successfully during the informal settlement meeting, and you will receive compensation to which you are entitled.

In rare cases, if your claim has not been resolved at this stage, our Tram & Train Accident Lawyers will take it further and help you get the compensation to which you are entitled according to law.

What makes a successful tram accident or train accident claim?

In most cases, you have a legal right to compensation for the loss of income, disability, financial distress and future loss of earning capacity suffered by you and your family.

If you have been injured in relation to public transportation, there are important steps to take to uphold your rights to compensation to the law:

  • Report the accident to the proper authorities (train operator) as soon as possible. Contact emergency services if necessary;
  • Collect relevant details that relate to the accident. Whether that is the exact location, the train you were on, platform, weather, eye witness details, time. Also if there are other parties involved in the incident, exchange contact details;
  • Seek medical assessment or treatment after the accident;
  • It is advisable to seek legal advice regarding your rights and entitlements to compensation. There are strict time limits if you intend to claim compensation.

Our Tram & Train Accident Lawyers at Carter Capner Law handles train and tram injury claims relating to train accidents throughout Brisbane, Queensland and Australia, including:

  • City trains
  • long-distance and interstate journeys
  • level crossing accidents
  • group travel
  • excursions
  • holiday/vacation trips

Railway claims can be made for the injured person, family members, bystanders (for nervous shock) and surviving family members in the case of a death. For injuries, verification by medical specialists is needed.

What types of accidents are covered by CTP insurance?

All vehicles registered in Australia carry a policy of insurance to cover compensation. This is called “third-party insurance” or “CTP insurance”. The companies in Queensland that insure vehicles against such claims include Allianz, RACQ, QBE and Suncorp.

 

How much compensation will I receive for my train injury or tram injury claim?

It all depends on the proportion of liability attributable to the at-fault driver, the extent of your injury and the quality of your evidence. The amount of insurance you are entitled to be also based on a comparison of how your life was before and after the accident.

If someone whose injury has had a significant effect on their quality of life (work, psychological, physical) is entitled to greater compensation than someone whose injury has had a minor impact on their lives.

General Damages

General damages compensate you for the pain and suffering you have endured and will endure in the future as a result of your injuries, as well as any permanent disability you’re likely to suffer.

General damages awarded in Queensland can be quite trivial in comparison to expectations. The most serious injuries such as quadriplegia are awarded around $150,000 and some reasonably serious back injuries $10,000.

Special Damages

These include:

  • Expenses paid or incurred by you, including medical and pharmaceutical.
  • Expenses paid by others. Some of these amounts are required to be collected from the at-fault party and paid back to Medicare, Comcare, WorkCover, DVA, public hospitals and private health funds.

Past Income Loss

You are entitled to claim any income you have lost as a result of the incident. If you weren’t currently working and the injuries prevented you from looking for work or caused you to turn down job opportunities, you may also be able to claim for those situations.

Future Income Loss

You are entitled to be compensated for any future economic loss you may incur as a consequence of your injuries. If your injuries have resulted in some permanent disability – even to a small extent – you may be at risk of loss of wages in the future.
People who continue to work full-time can still recover future income loss on the basis they are at risk in the labour market when compared to able-bodied job applicants.

Domestic Assistance (paid and unpaid)

Domestic assistance you receive from friends, family members or care professionals following an accident is compensable in many cases – even if you don’t pay for it. It’s important to keep detailed records of any assistance you get from other people if you intend to claim domestic assistance.

If you are looking to get a personalised assessment of your entitlement to compensation, contact our Tram & Train Accident Lawyers and speak to one of our expert lawyers.

What kind of evidence do I need to keep and collect?

To assist our Tram & Train Accident Lawyers with the investigation, it is important to try to do the following:

  • Make notes of your recollection of all events relevant to the accident
  • Record names and addresses of witnesses
  • Take photos and video of the place where you were injured. “A picture tells a thousand words”. Sketches are also helpful
  • Take photos and video of any product, equipment or object that injured you
  • Take photos of your injuries
  • Keep any defective product that caused an injury
  • Keep details of your absences from work caused by the injury
  • Make a list of visits to doctors, physiotherapists, chiropractors etc for treatment and follow-up visits
  • Keep all invoices and receipts for medical, chemist etc expenses
  • Record details of assistance provided by friends and family members
  • Collect contractual records. For sporting injuries, this includes club membership application forms and sign-in forms. For injuries in a car park or theatre, this includes the entry ticket
  • Collect documents showing your loss of earnings and earning capacity including wage slips, group certificates, income tax returns (for 6 years prior to the accident and each year after), references and resumes

Is my claim worthwhile?

Whether your claim is worthwhile depends on the seriousness of your injury and how that affects your employment and lifestyle.

There are some claims that are not worthwhile such as those for trivial injuries where there is no insurer or the party at fault does not demonstrate significant assets against which a judgment can be enforced.

If you are not sure if your compensation claim is worthwhile please contact us and we will help assess your needs and eligibility for our no-win no-fee service.

Our Tram & Train Accident Lawyers at Carter Capner Law offers specially tailored services in connection with severe brain injury and spinal injury accidents for children and adults to help formulate comprehensive loss statements that include individualised damages components that make up multi-million dollar claims.

Do I have to go to court for my train accident compensation claim?

In most cases, train accident claims are resolved before any court proceedings with a personal injury settlement. However, if your claim does go to trial, you may only need to attend if your presence is required to determine the outcome of the case.

In some cases eg interim applications for payment of rehabilitation expenses, the Tram & Train Accident Lawyers may be able to attend on your behalf.

Are there any time limits for making a claim after a train accident claim?

Strict time limits apply to all train accident claims. A Notice of Accident Claim (NOAC) must be sent to the insurer of the at-fault party within one month of the first consultation with your Tram & Train Accident Lawyers (which typically includes the date of your first telephone discussion) and no later than:

  • In the case of an unidentified vehicle being at fault – within 3 months of the date of accident- see below;

OR

  • For any other identified vehicles, within 9 months of the date of accident.

If you fail to lodge your claim on time, you may still qualify for compensation. There is provision for extending these time limits if you’re able to provide a reasonable excuse when submitting your NOAC which our train accident lawyers can help with.

As well as the 3-month and 9-month time limits, most claims have an absolute cut-off of 3 years from the date of the accident.

Different time limits may apply to children and persons under a legal incapacity (e.g. unsound mind). Don’t delay your right to claim for compensation, speak to one of our Tram & Train Accident Lawyers today.

How long will my train accident or tram accident compensation claim take?

After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny fault. It varies from case to case but it is important to note that finalising a claim too fast may be detrimental as the assessment of all your losses may not be assessable during the early stages.

Also, some claims may take a little longer for several reasons:

  • Your injuries are too early to determine, a stabilisation period may be in effect.
  • There may be instances where there are difficulties in negotiations between the insurer and our Tram & Train Accident Lawyers.
  • There are delays in the court process.

Every claim is unique and can have its own difficulties and complexities. We ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law.

What if I was 'at fault', am I still able to claim compensation for injuries?

If you are unequivocally ‘at fault’ for the accident or no one was ‘at fault’ you may not be able to claim compensation. You can though in many cases, claim on your own insurance such as that associated with superannuation and income protection.

If you are seriously injured due to the train accident and it occurred after 1st July 2016, you may also be able to access support, care and treatment through the National Injury Insurance Scheme Queensland.

Types of injuries that may occur in a tram or train accident?

Train accidents are rare, but when they occur, it is important to obtain legal advice promptly because of strict time limits that apply to injury compensation claims.

Head and brain injury.

Spinal and neck injury.

Soft tissue injury.

Upper and lower limb injury.

Ankle, knee and wrist injury

Fractures.

Whiplash.

Amputation.

Shock, anxiety and depression.

The CCL method

Our Tram & Train Accident Lawyers will quickly review the circumstances of your case to determine your prospects of a successful personal injury claim. And once we have approved your case the claim process can be promptly started following the CCL method

Process

Assemble the initial information you are able to provide

Proper case preparation demands meticulous attention to detail. That's why right from the start, we collect all the facts and continuously verify them with you and other sources. Constant updates to your comprehensive statement will ensure everyone - you, us, medical specialists and barristers - stay precisely on the same page.

Process

Prepare initiating Claim Notice.

Once sufficient facts have been collected and the identity of the at-fault party confirmed, and initial Claim Notice can be completed in a way that persuasively asserts the basis and extent of your compensation request.

Process

Keep collecting the facts.

Diligent claim preparation requires a comprehensive understanding of your medical income and employment histories. We will obtain records from accident related treatment provided as well as from health professionals who have treated you for any prior conditions. Employment and income records asked also be collected and diligently examined .

Process

Medical investigation of injury.

The extent of accident related injury must be independently verified by medical experts. Because compensation is paid for the permanent effects from an injury, specialist medical assessment is deferred until 9 – 12 months post injury. We'll arrange examinations with appropriate specialists and the insurer of the at-fault party is entitled also to have you examined by its specialists.

Process

Formulation

Once all information has been collected and medical specialist reports obtained, we will carefully formulate the "damages" components of your claim demand. The CCL Method requires that every component - general damages, lost wages, expenses you have incurred, the value of past and future domestic care and the value of loss of future earning capacity - is based on authoritative evidence.

Process

Negotiation

After the insurer has considered your damages ask, a settlement conference is arranged to attempt to negotiate a resolution. Although informal, the success of the conference depends on the extent of preparation that has gone before it. Offers will be exchanged and if the insurer is being reasonable, the conference offers a good opportunity to finalise the claim.

Process

Settlement not reached: heading to court

If you are unable to reach an agreement within 60 days after the conference, a Claim and Statement of Claim must be filed in court in relation to your accident. The defendant may then file a Defence and the court process then continues until the dispute is listed for a trial where witnesses are called to give oral evidence and a judge makes a final determination.

What fees do you pay Tram & Train Accident Lawyers for train accident compensation?

Carter Capner Law's No-Win No-Fee terms affords fairness to those seeking compensation for personal injury including loss of income and future loss of income earning capacity. No-Win No-Fee - sometimes called "no-win, no-charge" and "no-win no-pay," allows legal representation to a level equivalent to that of the insurance company that will be resisting your payout. Essentially No-Win No-Fee terms provide that fees and case expenses are only payable when the claim is finalised and only if it is successful.

  • Court Filing Fees

  • Medical specialist consultation & report fees

  • Medical records collection fees

  • Expert report fees

  • Claim investigation

  • Barristers

    We will secure the services of a barrister who will also offer No-Win No-Fee terms

  • Document production

  • Police Report Fees

  • Government agency search fees

  • Freight & courier

  • Office charges

Get in touch with us