Those who suffer harm due to the negligence of others can file personal injury claims. Such claims usually involve compensation for the loss of property or bodily injury.
This article reflects on the ways in which social transformations have changed perceptions of injury, person and landscape of law. It draws on interviews with 35 injured persons in northern Thailand.
Statute of Limitations
Many people make personal injury claims in Thailand for a wide range of injuries, from road traffic accidents to workplace injuries. In addition, people who have suffered from medical malpractice are often entitled to compensation. However, pursuing a claim can be difficult. This is because it requires proof of negligence, as well as demonstrating that the damages were a direct result of the defendant’s actions.
In general, Thailand’s civil and commercial code states that if a person wilfully or negligently causes harm to another party, they are bound to compensate the latter for the costs incurred from their actions. The amount of compensation awarded is usually determined by the court and depends on the severity of the wrongful act.
The courts typically award compensation for tangible losses, such as expenses for medical treatment and loss of income. They may also award compensation for intangible factors, such as pain and suffering. However, the awards may not be as high as in common law jurisdictions.
It is important to get legal advice as soon as possible if you have been injured in Thailand. Most law firms will have someone on staff who specialises in this area of practice. In addition, you should consider using a firm that has experience dealing with Thai insurance companies. A good lawyer can ensure that your case is properly assessed and maximize your chances of a successful outcome.
Duty of Care
The duty of care in personal injury law is a legal concept that defines a person’s legal obligation to act with reasonable care to prevent harm to others. When a person breaches this duty and it causes injury, the victim may be entitled to compensation.
The civil and commercial code of Thailand states that anyone who wilfully or negligently injures the life, body, health, liberty or property of another person commits a wrongful act. This is known as tort law, or the law of wrongdoing and violation of rights. This article focuses on injuries that cause death or bodily harm, as well as other types of damages.
Individuals and entities are expected to exercise a duty of care in their actions, such as driving responsibly or providing a safe work environment for employees. A breach of this duty can result in injuries or damages, and proving that the defendant breached their duty is crucial to a successful claim.
The law also provides for a process of alternative dispute resolution, which can be beneficial in cases with moderate damages or where the parties wish to maintain a relationship. Choosing the right attorney is essential to a successful claim, as they can help delineate the scope of damages and negotiate with insurance companies on behalf of their client. Keeping thorough records of medical treatment, expenses and correspondence is also vital for delineating the extent of your damages.
Negligence
The legal framework for personal injury claims revolves around a specific concept known as negligence. As outlined by the Thai Civil and Commercial Code, whenever one person commits a wrongful act against another resulting in injury to the latter, that party is bound to compensate the injured parties for any ensuing losses. This includes expenses such as medical treatments and hospital stays, as well as other tangible losses such as lost earnings. In the event that the injury has resulted in long-term disability, compensation can also be awarded for future loss of earnings.
In addition, compensation is also often awarded for certain intangible losses — such as pain and suffering, though such awards are generally more restrained than what may be seen in some Western jurisdictions. A key part of the personal injury claim process is to carefully document all relevant expenses, including copies of bills and correspondence with the defendant or insurance company. Moreover, it is important to select an attorney who has experience handling personal injury cases and a track record of success.
It is vital for foreigners involved in personal injury claims in Thailand to understand the cultural and legal context that might impact their case. The hiring of a local attorney who has extensive knowledge of the Thai legal system and culture can significantly improve a person’s chances of success.
Damages
Personal Injury Claims in Thailand stem from a variety of incidents, including traffic accidents, workplace injuries, and medical malpractice. The legal framework governing these cases is based on the Thai Civil and Commercial Code, which sets out the rights and remedies available to injured parties.
The foundation of a successful personal injury claim is the principle that the defendant owes a duty of care to the plaintiff, and that this duty was breached through an act or omission. The plaintiff must then prove that the breach directly caused his or her injury, and that he or she suffered damages as a result.
These damages include both pecuniary and non-pecuniary losses. The former includes financial compensation for losses such as lost wages and medical expenses, while the latter includes psychological damage and loss of enjoyment of life. In addition, the plaintiff may also seek compensation for a damaged or destroyed property.
The statute of limitations for personal injury claims in Thailand is generally one year. Prompt engagement with a lawyer is crucial to ensure that the claim is filed within this timeframe. In addition, a lawyer can help with the collection of evidence and can negotiate with the defendant to secure maximum compensation. This is particularly important since many personal injury claims involve complex legal issues that require extensive research and expertise.
