Train Accident Lawyers

Train accidents and tram accidents are rare, but passengers and bystanders often suffer severe injuries when they occur. Our 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 train or tram accident?

Make an enquiry

What do you do if you have been injured in a train accident or tram accident?

When it comes to public transportation, trains transport many commuters throughout the day. Train accidents are rare, but when they occur, passengers and bystanders often suffer serious injuries.

It’s possible to seek financial reparation for some types of train accidents. As accidents involving trains are less common than standard car crashes and may require special conditions, it’s advisable to speak with a lawyer if you intend to pursue damages.

When speaking to a public transportation accident lawyer, you’ll likely be asked some standard questions about the cause of your accident, such as:

  • Who might potentially be at fault
  • The extent of your injury
  • Your employment status
  • Your medical history
  • Do you have insurance or superannuation cover

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. Your Train accident lawyer can also answer any questions you have about the claims process, and explain how compensation is calculated. Some cases may be eligible for a no-win, no fee arrangement (your lawyer will advise you on your eligibility for this type of arrangement).

If you are unable to work due to sickness, disability, or a permanent injury; you may be 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). Your train accident lawyer will initiate your claim with your insurer or the at-fault party’s motor vehicle insurer.

2

Contact us to set up your free initial appointment.

At the initial consultation, we’ll get more details on your situation and then investigate insurance coverage. We’ll also explain our client and No Win No Fee agreement.

3

Investigation & gathering evidence

We will investigate and gather evidence while you recover from your injuries.

After that, we’ll 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

We’ll 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 you are entitled to.

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

What makes a successful train accident or tram accident claimclaim?

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 relates 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 for compensation.

Carter Capner Law handles rail and train 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 Queensland 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.

Someone who is injured in a motor vehicle accident as a result of negligence may be able to claim damages (to the extent of their injury) from the third party insurer of the person at fault. Third-party insurance doesn’t cover property damage to a vehicle (i.e. smash repairs). It only provides coverage for personal injury.

Motor vehicles are covered by policies of CTP insurance in all Australian states and territories. If an accident occurs in another state, the laws and procedures of that state’s motor accident compensation scheme will usually apply.

If the vehicle at fault was unregistered, CTP cover does not apply unless the accident happened on a road or in a public place. Public places include locations like some beaches on which vehicles can be driven.

Sometimes “fault” (or negligence) is attributed to more than one person. For example, it may be distributed between two drivers or a driver and a pedestrian. If at-fault is attributed in some way to the person injured, this is referred to as “contributory negligence”. These cases may still be covered by CTP insurance.

Other Types of Vehicles

There are certain types of vehicles in Queensland that are not covered by CTP insurance unless the accident happens on a road. These vehicles include backhoes, bulldozers, front-end loaders, forklifts, cranes, agricultural equipment and amphibious vehicles. For injuries caused by trailers, special rules apply. In some cases, the CTP insurer is the towing vehicle.

Accidents with work vehicles may require assistance from our workers compensation lawyers. Call us and we help you today.

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 is 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 for 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 on 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 for domestic assistance.

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

To assist your lawyer 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 which 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-on 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.

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, your train accident lawyer 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 lawyer (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).

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 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’s difficulties in negotiations between the insurer and our train accident lawyers.
  • There’s delays in the court process.

Every claim is unique and has its own difficulties or simplicities. We endeavour to get your claim processed and appropriately looked at so you get the best outcome and maximum compensation to what you’re entitled to in accordance to 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 train 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 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 for 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 compensation 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 a solicitor 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

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