Personal Injury Claims in Thailand
In Thailand, anyone who wilfully or negligently unlawfully injures another’s body, life, health, liberty, property or rights is bound to make compensation. Compensation generally aims to place the victim back into the position they were in before the injury occurred and includes expenses for medical treatment and damages for lost income, past and future.
Statute of Limitations
The premise behind tort law in Thailand is that anyone who willfully or negligently injures the life, body, health, liberty, property and/or rights of another party is bound to compensate them. This includes injuries resulting from motor vehicle accidents, workplace accidents and other incidents that occur on private or public property.
A reputable injury attorney can help you define the extent of your injuries and pursue appropriate compensation. The courts generally seek to place claimants back in the position they would have been had the injury not occurred. This includes awarding expenses for treatment and damages for loss of earnings in the present and future. Compensation for intangibles like pain and suffering tends to be more restrained than in many common law countries.
It is important to note that it is necessary for a plaintiff to physically appear at court hearings in person. This is true even if they reside outside of Thailand. However, it is possible to sign a power of attorney to have a Thai lawyer represent them in court.
Damages
Under the Thailand Civil and Commercial Code, anyone who commits a wrongful act which causes an injury to another is mandated to compensate the victim. Compensation varies depending on the gravity of the wrongful act and circumstances of each individual case. Generally speaking, compensation may include expenses for medical treatment as well as loss of income both present and future. Awards for intangible factors such as pain and suffering are often more restrained than what is seen in common law jurisdictions. A reputable injury lawyer will help their clients define the extent of damages they are able to claim.
Promptness is key when it comes to filing personal injury claims in Thailand as the statute of limitations is very short with only one year from the date of the tort or when it became known (or ten years for criminal cases). As well, plaintiffs must physically appear at all hearings – although it is possible to sign a power of attorney to allow a lawyer to represent them.
Foreigners
Many foreign tourists who are injured in Thailand have a right to pursue compensation. However, this process can be complex. It is advisable to consult with a professional Thailand injury lawyer early in the process. A reputable attorney will be able to help the victim document the incident and obtain the required medical report. They can also help the injured party define what compensation they are owed. This can include expenses for medical treatment, loss of income (present and future) as well as other tangible losses.
The concept of negligence is fundamental in pursuing a personal injury claim in Thailand. The courts seek to place the victim back into the position they would have been in had the wrongful act not occurred. While in common law countries damages for intangibles like pain and suffering can reach astronomical levels, these awards are more restrained in Thailand. A reputable injury lawyer will be able to help their clients determine the extent of the losses they are entitled to.
Appeals
The Thai Civil and Commercial Code’s provisions lay out the legal framework for addressing wrongful acts, particularly in personal injury cases. A clear mandate exists for the responsible party to compensate the victim for their damages, with the gravity of the wrongful act shaping the awarded amount. In addition to monetary compensation, the responsible party is also obligated to reimburse medical expenses and cover partial or full work disability for the duration of the injured person’s recovery period.
It is important to note that a successful claim requires proof of carelessness. For this reason, a detailed investigation of the circumstances surrounding the incident is imperative. Additionally, a lawyer should be consulted to help guide victims through the complex legal rules in Thailand. Foreigners wishing to pursue a case can generally sign a power of attorney for a local lawyer to file the suit on their behalf, although they are usually required to physically appear at least once to give testimony.