A person who has suffered from a personal injury due to the negligence or wrongful act of another may consider filing a claim for compensation. However, this process requires a thorough understanding of Thai laws, meticulous documentation, and prompt legal representation from an experienced lawyer.
Under tort law, anyone who wilfully or negligently causes injury to the body, health, life, liberty, property, or rights of another is bound to compensate them. This compensation should place the injured party back into the position they were in before their injury occurred.
Compensation for injuries
Whether you have suffered an accident or injury in traffic or on the beaches of Thailand, it is important to have legal representation. This is especially true when you have sustained a personal injury due to the negligence of another person. A reputable personal injury lawyer can help you navigate the complex process of securing compensation for your injuries and losses.
In Thailand, the law stipulates that a person who causes injury to another’s body, health, liberty, or property is bound to compensate the injured party. The law prescribes that such claims must be filed within one year of the injury or knowledge of the tortfeasor; however, criminal laws stipulate a longer period.
Compensation can include a variety of expenses, including medical costs and loss of income. It can also include intangible losses such as pain and suffering. However, awards for intangible losses are more restrained than in other common law countries. A seasoned personal injury lawyer can help you define the scope of your damages.
Damages for intangible losses
Bringing personal injury claims in Thailand requires a clear understanding of the legal framework and timely action. It is also crucial to document all losses and work with a reputable injury lawyer who understands the cultural nuances of this type of case.
Under Thai law, anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property or rights is bound to compensate the victim for their losses. Compensation generally aims to put victims back in the position they were before the incident and can include expenses for medical treatment as well as damages for lost income past and future. It may also include restitution for properties that were deprived from the injured party. While intangible losses like pain and suffering are not awarded as much as in the West, a knowledgeable injury attorney can help define the extent of a client’s losses. They can also assist in determining whether a claim falls under civil or criminal law.
Filing a claim
The Civil and Commercial Code of Thailand protects the rights of victims whose injuries stem from negligent or wrongful acts. These acts are referred to as torts and include medical negligence, negligent damage of private property and misstatements that result in financial loss. The law requires the responsible party to pay for compensation.
The claim process necessitates a thorough understanding of Thai laws, meticulous documentation of the incident and prompt legal representation. This is because the narrow one-year window dictated by the law for filing a lawsuit may otherwise be lost to passage of time.
Courts generally award compensation based on actual losses. Unlike common law countries, compensation for various intangible factors such as pain and suffering and disfigurement is not as generous. The damages for a personal injury case in Thailand may also be more restrained than in other jurisdictions. A victim of a tort is entitled to material damages that return them to the position they were in before the wrongful act occurred.
Appealing a verdict
Unless it’s an issue of criminal negligence or wrongful act, the harmed party’s compensation can be determined by Thai courts. They generally seek to put the injured parties in the same position as they would have been if the incident had not occurred. This involves compensating them for expenses and lost earnings (present and future) along with non-pecuniary damages such as pain and suffering and disfigurement.
It’s important to note that, even though a foreigner can have a lawyer file a personal injury claim on his or her behalf, it is normally necessary to be physically present in Thailand for the hearings. This may also be the case for some other types of legal actions if the circumstances and severity of an injury are significant.
According to Section 420 of the Civil and Commercial Code, any person who unlawfully infringes on another’s life, body, health, liberty, or property is obligated to compensate for the harm caused. However, it should be noted that when there’s a foreign element, the Conflict of Laws should be applied to guide the proceedings and ensure fair jurisdiction.
