If you have suffered an injury in Thailand, there are some things to keep in mind. The courts will attempt to put you in the position you were before the accident, including paying for your medical bills and ensuring that you’re compensated for lost work (both present and future).
Compensation will include both tangible and intangible damages, although awards of intangibles are usually less restrained than in common law countries. A reputable injury lawyer can help you define the extent of your losses.
Compensation for injuries
A successful personal injury claim in Thailand requires a thorough understanding of Thai law and meticulous documentation. It’s also essential to seek professional legal advice, especially if you have been seriously injured or are in disagreement with the at-fault party about liability. An experienced lawyer can help you navigate the complexities of Thai law and achieve a fair resolution for your case.
Under the provisions of the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property, or rights is bound to make compensation. This obligation can include a variety of tangible costs, including medical expenses and lost income, as well as intangible factors such as pain and suffering.
Generally, the courts in Thailand award damages that reflect the quantifiable costs of an injury. The amount of compensation awarded varies from claim to claim, depending on the extent of your loss and the severity of the wrongful act. In addition to monetary compensation, the court may also order restitution of your property in cases where it is deprived by the wrongful act.
A victim’s ability to successfully file a personal injury claim in Thailand depends on several factors, including a thorough understanding of the laws of tort and evidence that proves negligence. In addition, the victims must be present in Thailand during the trial process. However, it is possible to file a personal injury lawsuit without being present in Thailand by signing a power of attorney and allowing a lawyer to file the case on their behalf.
Filing a claim
A person suffering a personal injury in Thailand may file a civil case against the wrongdoer to obtain compensation. This is called a tort. Under the civil law, anyone who unlawfully injures another’s life, body, liberty, health, property, or rights is obligated to make compensation. This compensation is called damages.
The compensation awarded by a court depends on the severity of the injury, but it generally includes medical expenses and lost wages. However, the courts are less likely to award compensation for intangible losses like pain and suffering. A reputable injury lawyer can help their clients define the extent of damages and negotiate an appropriate settlement.
A successful claim in Thailand requires a thorough understanding of the legal system, meticulous documentation, and prompt legal representation. Although the process is complex, pursuing justice with the right guidance can improve the chances of success and help claimants secure just compensation. It is important to seek professional guidance early on in the process and consult with a qualified lawyer specializing in medical malpractice and personal injuries. This can provide valuable insight into the legal framework, available options, and potential hurdles that are unique to Thailand’s justice system. In addition, it can help ensure that claims are filed within the statute of limitations (prescription period), which is shorter in Thailand than in other jurisdictions.
Representation in court
In Thailand, there are many legal avenues that individuals may pursue to seek compensation for damages resulting from another party’s negligent actions. These legal options can include civil action and criminal prosecution depending on the case’s circumstances. A personal injury attorney can help harmed parties understand their legal rights and navigate the complexities of the Thai justice system. In addition, they can assist in identifying evidence and negotiating with insurance providers to get the best possible settlement.
According to section 420 of the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property or rights is bound to make compensation. This compensation is meant to place the injured party back into the position he or she was in before the injury occurred. This can include expenses for medical treatment, loss of income (present and future), and non-pecuniary damages such as pain and suffering.
Injured parties must take prompt legal action to secure their compensation. With a narrow one-year window dictated by Thai laws, delay risks the dissipation of crucial evidence. This is why it’s essential to engage a skilled personal injury lawyer as soon as possible. A reputable lawyer will handle a wide range of tasks, including document collection, identifying witnesses and collecting physical evidence. They will also help the victim define the scope of their losses and ensure that all pertinent expenses are documented.
Statute of limitations
If you have suffered from an injury in Thailand, it is essential to understand the country’s personal injury laws. This includes the statute of limitations, which is a legal time limit for filing a claim. In addition, you must understand how to find a good personal injury lawyer. A reputable lawyer will assist you with a variety of tasks, including gathering documents and testifying in court. In addition, they will negotiate with insurance companies on your behalf.
In Thai law, anyone who wilfully or negligently injures another person’s life, body, health, liberty, property or rights is bound to compensate the victim for their losses. Compensation typically aims to put the victim back in the position they were before the injury occurred, and can include expenses for medical treatment as well as damages for past and future loss of income.
Generally speaking, the amount of compensation awarded by the Thai courts depends on the gravity of the wrongful act committed. While in many common law countries, awards for various intangible factors like pain and suffering may reach astronomical levels, the amounts awarded by Thai courts are more restrained. However, a good personal injury lawyer can help you define the extent of your damages and determine whether you have a valid legal claim. Moreover, they will also help you gather documentation, including receipts for expenses and proof of lost income.
