In Thailand, anyone who wilfully or negligently causes injury to another person’s body, health, liberty, property or rights is bound to make compensation. Compensation generally seeks to place victims back into the position they were in before the wrongful act and can include expenses for medical treatment and damages for lost income both present and future.
Statute of Limitations
In Thailand, like many other countries, there is a statute of limitations for personal injury claims. This means that you only have one year from the date of your accident or injury to file a claim before it expires.
A personal injury lawyer will help you determine whether your case falls within the statute of limitations and if so, what evidence is necessary to support your claim. This can include witness testimonies and physical evidence such as medical reports and x-rays.
Compensation under Thai law is designed to put victims back in the position they would have been if their injuries hadn’t occurred. This can include expenses for medical treatment as well as damages for loss of income both past and future. However, unlike in common law countries, awards for intangible losses such as pain and suffering are more restrained. A good personal injury attorney can help you define your losses and determine what monetary sums you might be entitled to receive.
Under the Thai civil and commercial code, anyone who wilfully or negligently causes injury to another’s body, life, health, liberty, property or rights is bound to compensate them for the damage caused. Compensation may include expenses for medical treatment and a sum to cover loss of income (both present and future) as well as non-pecuniary damages such as pain and suffering and disfigurement.
The injured party will need to gather and organize evidence including witness statements, physical documents and photos and any other pertinent information. They will also need to consult with a lawyer who specializes in personal injury law to ascertain whether they have a valid legal claim. If the victim does not reside in Thailand they can sign a power of attorney to allow their lawyer to file a case on their behalf but they will need to appear in court in person at least once for testimony. The court can award either compensatory or punitive damages depending on the circumstances of the case.
Injuries Caused by Negligence
Generally speaking, Thai courts will seek to place the injured party back into the position they would have been had the injury not occurred. This will usually involve compensating them for all medical costs and lost income both past and future. Compensation for intangible losses like pain and suffering tends to be more restrained than in common law countries.
A Thailand injury lawyer can help you define what tangible costs you are entitled to and can assist you in obtaining appropriate compensation for your losses. However, it is important to note that foreigners filing personal injury claims in Thailand are required to physically appear for all court hearings, unless they have signed a power of attorney to have their lawyer represent them.
The Civil and Commercial Code stipulates that a person who willfully and/or negligently causes injury to another’s life, body, health, liberty, property and/or rights is bound to compensate them. The amount of damages awarded will vary based on the gravity of the wrongful act committed.
A person injured in a personal injury case in Thailand has the right to a fair trial according to Thai law. Compensation for medical expenses and loss of income is typically awarded by the court as well. Compensation for intangible losses like pain and suffering are a bit more restrained than in common law countries but a reputable injury attorney can help their clients define the extent of these losses and seek appropriate compensation.
A foreigner who does not reside in Thailand can still file a personal injury case by signing a Power of Attorney to have their lawyer file on their behalf. However, it is generally necessary for the plaintiff (injured party) to appear in person at each hearing.
Motor vehicle accidents, injuries resulting from unsafe working conditions and slip and fall injuries are all frequent causes of personal injury claims in Thailand. These types of cases can often be either a civil or criminal case depending on the specific circumstances.