Personal Injury Claims in Thailand are complicated and necessitate a careful comprehension of the law. The Thai Civil and Commercial Code stipulates that anyone who wilfully or negligently causes injury to another person’s body, life, health, liberty, property, or rights is bound to compensate the victim. Compensation generally takes the form of a monetary obligation including restitution of properties where applicable.
Generally speaking, under Thai law any person who wilfully or negligently injures another’s body, life, health, liberty, property, or rights is bound to compensate the victim. This obligation takes the form of monetary compensation, including restitution for the damage caused to private property.
The pursuit of a personal injury claim in Thailand necessitates a thorough grasp of the legal framework, meticulous documentation of all losses, and prompt and experienced legal representation. Understanding the system, available options, and potential hurdles empowers individuals to hone their case and secure just resolution.
While damages awarded for pain and suffering, loss of consortium, and other intangibles can reach astronomical levels in many Western jurisdictions, this is less the case in Thailand. The legal system prioritizes restitution for tangible loss and awards such intangibles for pain and suffering are more restrained. Victims are also required to appear physically in court for all hearings. In most cases this means the injured party must travel to Thailand on at least one occasion to testify.
Under Section 420 of the Thai Civil and Commercial Code anyone who wilfully or negligently causes injury to another’s life, body, health, liberty, property or rights is bound to make compensation. The courts will generally seek to place victims back in the position they would have been had the wrongful act not occurred, which usually means awarding expenses and damages for loss of income – both past and future.
The burden of proving that the expenses, losses or damages directly stem from the wrongful act is heavy and requires the prompt engagement of an experienced legal representative. Also, due to the tight one-year window dictated by Thailand laws and the possibility of evidence disappearing with the passage of time, it is critical that a claimant file their case as soon as possible and physically appear at all court hearings. This is typically done through the use of a reputable injury lawyer.
The laws of Thailand protect individuals who are injured in accidents that are due to the negligence or wrongful act of another party. Injured parties may pursue compensation for their injuries, losses and expenses.
Injuries caused by motor vehicle accidents and workplace incidents are common causes of personal injury claims in Thailand. Injuries from unsafe premises and slip and fall accidents are also common, as are cases involving medical malpractice.
It is important that foreigners who are injured in Thailand report the incident to authorities and seek legal advice as soon as possible. An attorney will be able to assess the merits of a case, provide legal advice, and assist with negotiations or filing a lawsuit.
Under Thai law, anyone who wilfully or negligently injures the life, body, health, liberty, property, or rights of another person is bound to compensate that individual for their losses. However, in contrast to Western courts which award damages for pain and suffering and other intangibles, Thai courts tend to award compensation based on actual loss only.
In general, under Thai law anyone who wilfully or negligently unlawfully injures another’s body, life, health, liberty, property or rights is bound to make compensation. This compensation aims to place the injured party back into the position they were prior to their injury and generally involves compensating for expenses such as medical treatment costs, damages for lost income present and future, and more.
The amount of compensation awarded is usually less generous than in Western countries. This is because, unlike in many other jurisdictions, the Thai courts do not award damages for “intangibles” such as pain and suffering and loss of consortium.
It is possible for foreigners to file personal injury claims in Thailand by giving a power of attorney to a firm located in the country but it is necessary that they appear in person for their first hearing. This is because the court must hear their testimony in order to establish factual details.