In Thailand, anyone who wilfully or negligently injures another’s body, health, liberty, property, or rights is bound to compensate them. Typically, this involves expenses for treatment and sums compensating lost income past and future.
However, proving negligence can be complex due to cultural differences and insurance issues. Working with a reputable lawyer is key to navigating this process effectively.
Benefits
Under Thai civil law, victims of personal injury may be awarded compensation for their losses. This includes the quantifiable amount of medical expenses (including hospital bills, surgeries, medications and rehabilitation costs), past and future loss of income, as well as damages for pain and suffering and disfigurement. This entitles the injured victim to financial relief, helping them rebuild their lives.
Whether the accident happened on the road, at work, or as a result of medical negligence or a defective product, victims have the right to pursue civil claims for compensation. Beyond offering financial support, personal injury claims promote accountability by holding negligent drivers, employers, hospitals and doctors accountable for their actions. This helps to improve safety standards and prevent further harm.
It is important to file a personal injury claim with the assistance of an experienced attorney. An attorney can handle a variety of tasks including document collection, insurance negotiations and pre-litigation settlement talks. They can also help victims determine the extent of their losses and calculate appropriate compensation amounts. Moreover, they can help victims file a lawsuit as soon as possible so that the statute of limitations does not expire. This ensures that the victim receives timely compensation for their losses. Additionally, a lawyer can help prepare the case by collecting evidence and conducting witness interviews.
Statute of Limitations
The Civil and Commercial Code of Thailand stipulates that anyone who wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property or rights is bound to compensate the victim for any damages. Compensation usually involves expenses for treatment, restitution of property, and sums compensating lost income past and future. Intangible factors like pain and suffering are also awarded, though awards may be less generous than in many common law jurisdictions. A reputable injury lawyer can help victims define the scope of their losses and determine whether they have a claim.
Victims must be able to prove that the tortfeasor breached their duty of care. This is particularly important for employers who are liable under the law to maintain safe work environments and drivers who are obligated to operate vehicles safely. Prompt engagement with an injury attorney can make all the difference in the success of a case.
It is possible for a foreigner to file a personal injury claim in Thailand even if they do not reside there, though it will typically be necessary to appear in court on at least one occasion to provide testimony. A reputable injury lawyer can help victims understand the intricacies of Thai law and ensure their cases are filed within the prescribed time frame. Moreover, they can assist with the process of filing a criminal complaint against the wrongdoer should their claims involve criminal elements.
Filing a Claim
Whether you’ve been injured by a reckless driver, an employer who fails to follow safety standards or a manufacturer who sells defective products, making a personal injury claim ensures that responsible parties face accountability. A successful claim also affirms that wrongful actions have consequences and helps prevent similar incidents from happening in the future.
The process of filing a claim involves gathering evidence, documenting injuries and losses, and submitting the case to court. It’s best to seek legal counsel to navigate the Thai legal landscape, especially when claiming compensation for a serious injury or death. A reputable injury lawyer can help victims collect and organize documentation, communicate with insurers, and define the scope of their losses.
Litigation in personal injury cases in Thailand requires both sides to present their cases before a judge or jury who will issue a binding judgment based on the law. Compensation granted to victims aims to put them in the same position they would have been had the wrongful act not occurred, including expenses for treatment and sums compensating for lost income past and future.
Those seeking compensation for a personal injury in Thailand must establish that the defendant acted wrongfully, causing harm to them directly. This is known under law as tort, and it includes a wide range of activities such as driving without due care or neglecting workplace regulations.
Representation
Individuals who have suffered damages due to the negligence or reckless actions of others may file a personal injury claim. The Thailand Civil and Commercial Code has clear provisions for compensating victims through monetary damages. However, successfully navigating this legal landscape requires thorough comprehension of the local culture and law as well as skilled and experienced legal representation.
The legal concept of a “tort” covers a wide range of cases, including medical negligence, property damage, and negligent misstatements resulting in financial loss. Victims can seek both an injunction to stop the tortious conduct and monetary compensation for their losses.
Compensation typically aims to place the victim in the same position they would have been had the incident not occurred by covering expenses such as medical treatment and lost income, past and future. It also covers funeral costs and support for legal beneficiaries. In addition, the courts may award other “intangible” factors such as pain and suffering and disfigurement.
For foreigners who have been injured in Thailand, but do not live there, they can still pursue a personal injury claim by signing a power of attorney for a lawyer to file on their behalf. Nonetheless, it is important to appear in court on at least one occasion to provide testimony in person. Moreover, the process can be time-consuming and requires meticulous documentation of losses.
