A personal injury lawyer can help you get compensation if you have been injured in an accident during your stay in Thailand.
According to the Thai civil and commercial code if a person wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property or rights they are bound to make compensation.
Statute of Limitations
Under Thai law, victims can file a claim within one year from the date when they became aware of the wrongful act. However, certain claims such as medical malpractice may be filed under criminal law and might have a longer statute of limitations.
Under Section 420 of the Civil and Commercial Code, any person who wilfully or negligently unlawfully injures another’s life, body, health, liberty, property or other rights is bound to make compensation for that injury. This includes both intentional acts and accidents.
Compensation is decided by the court and based on various factors including tangible and intangible damages. It is important to have a lawyer to define the extent of your injuries and whether you have a viable legal claim. Unlike in many common law countries, Thailand’s courts are less inclined to award punitive or exemplary damages. Generally, courts will only award damages for out-of-pocket expenses proven by documents such as medical bills, repair receipts and proof of lost wages (if applicable). A lawyer can help you determine the value of your injuries and what damages are possible.
Damages
In Thailand, compensation for injuries may include expenses for medical treatment and other tangible costs. It can also include compensation for loss of income in the present and future. However, damages for intangible factors like pain and suffering are more restrained than in other jurisdictions. A reputable injury lawyer can help clients define the extent of their losses and seek appropriate compensation for them.
Generally, the court will attempt to place the injured party in the position they were in before the injury occurred. For that reason, it is important to have proper documentation of all the expenses related to the incident.
Personal Injury claims in Thailand are governed by the Civil and Commercial Code of Thailand. Section 420 stipulates that a person who willfully or negligently causes unlawful and/or negligent injury to another’s body, life, health, liberty or property is bound to make compensation. The amount of the compensation will depend on the gravity of the wrongful act and the circumstances.
Time Limits
If you suffered an injury while in Thailand it is important to seek legal advice as soon as possible. It is also important to gather as much evidence as possible, including witness testimonies and physical evidence.
The legal system in Thailand is based on tort law, which stipulates that if a person willfully or negligently causes injury to another’s life, body, health, liberty, property and/or right, the injured party is bound to compensate them.
Compensation for a personal injury claim is determined by the courts and can include various tangible and intangible damages. In many common law countries compensation for things like emotional distress and loss of consortium can reach astronomical levels, however in Thailand court awards tend to be more restrained. This article will examine in detail the kind and assessment of non-pecuniary damages as well as the problem of the current system.
Representation
A professional Thailand injury lawyer should be able to help you ascertain the relevant laws in your case, as well as helping you define what compensation you may be entitled to. This can include expenses for medical treatment, loss of income and diminished capacity to work in the future as well as a sum for any other tangible losses suffered. It may also be possible to claim compensation on behalf of family members and legal beneficiaries, if applicable.
In determining compensation, the courts will try to place the injured party back into the position they were before the wrongful act. This may not always be possible, however. For this reason, compensation awards for intangible elements such as pain and suffering are often less generous than those granted in common law jurisdictions.
Those seeking compensation will have to physically appear in court to present their case. If they are a foreign national this can be more difficult, but it is still possible to represent yourself or sign power of attorney.
