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.

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.

For more information regarding CTP insurance coverage, please speak to our Tram & Train Accident Lawyers today.

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.

General damages may vary on a case-to-case basis. It is important to talk to Tram & Train Accident Lawyers for a more specified amount.

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.

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

To learn more about what evidence you should gather in relation to a tram and train accident. Call our Tram & Train Accident Lawyers right now.

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 our Tram & Train Accident Lawyers, 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.

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.

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.

After you’ve submitted the CTP claim, the insurer will decide whether they’ll accept or deny the 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. Our Tram & Train Accident Lawyers ensure you get the best outcome and receive the compensation to which you’re entitled in accordance with the law.

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.