In Thailand, a personal injury is a civil case where an individual seeks compensation for their losses. These losses can include medical expenses, lost income, and other tangible costs. They can also include non-pecuniary losses such as pain and suffering.
A personal injury claim involves proving that another party breached their duty of care to the injured party. This article will explore how to do this effectively.
Benefits
Under Thai civil law (particularly Sections 420-437 of the Thailand Civil and Commercial Code) anyone who causes injury or damage to another person is bound by wrongful act law to make compensation. This may include paying for medical treatment and repairing or replacing damaged property. It can also include compensation for lost income if the victim’s injuries prevent them from working in the future. This is often referred to as “pecuniary” loss. It is also possible to be compensated for intangible losses such as pain and suffering or emotional distress.
Compensation from Personal Injury Claims in Thailand can pay for a variety of expenses, including medical treatments and hospital stays. It can also cover the cost of any future care needed to help you regain your previous quality of life, such as physical therapy, counseling, medication and assistive devices. It can also pay for a portion of any lost earnings, past and future, if your injury has prevented you from working.
Moreover, filing a claim can facilitate out-of-court negotiations and mediations, reducing costs for both plaintiff and defendant. This paves the way for more harmonious conflict resolution and contributes to a healthier social environment. As more people file claims, businesses and manufacturers are encouraged to adopt higher safety standards to avoid liability, ultimately benefiting society as a whole.
Statute of Limitations
Under Thailand’s civil and commercial code anyone who wilfully and negligently unlawfully injures another’s life, body, health, liberty, property, or rights is bound to make compensation. This compensation aims to place the victim back into the position they would have been had the injury not occurred and includes expenses for medical treatment and loss of income both past and future.
Obtaining compensation through a legal case can be a lengthy process and requires careful documentation. It is a good idea to engage a competent personal injury lawyer who can help with the investigation and collection of evidence, negotiate with the defendant’s insurer, and represent the client in court if necessary. A legal expert can help clients understand the complex Thai laws governing these cases, determine liability and assist in determining what compensation is owed.
A reputable lawyer will also help clients define what their claim may be worth, based on various factors including tangible and intangible damages. Unlike in many common law jurisdictions, where awards for things like pain and suffering can reach astronomical levels, court awards in Thailand are generally more restrained.
A personal injury claim in Thailand must be filed within a specific time frame, usually one year. Prompt engagement with a professional attorney is vital, as failing to take action within this window could mean the loss of any right to seek compensation.
Filing a Claim
A personal injury claim involves seeking compensation from the party that harmed you. Compensation typically covers tangible expenses like medical bills, lost income, and property damage. However, intangible factors such as pain and suffering are also often awarded. Successfully filing a personal injury claim in Thailand requires a thorough understanding of Thai law and meticulous documentation. Moreover, it is helpful for foreigners to engage a local attorney who can help them navigate the Thai legal system and cultural context more effectively.
Under Thai civil law, anyone who wilfully or negligently causes injury to another person’s life, body, health, liberty, or property is bound to compensate the victim for his or her losses. To prove liability, victims must show that the defendant breached a duty of care. This includes demonstrating that the defendant was in breach of the duty to act reasonably (e.g., by driving recklessly or exposing employees to hazards at work).
Compensation amounts sought in personal injury cases are meant to place injured parties back into the position they would be had the incident not occurred. This is why the courts usually award expenses and damages for loss of income, past and future. Intangible costs such as loss of consortium, disfigurement, and pain and suffering are also often awarded, although they may not be as high as those in common law jurisdictions.
Enforcing a Judgment
A successful personal injury case in Thailand can result in compensation for the injured party. As stipulated in the Thai Civil and Commercial Code, a person who wilfully or negligently unlawfully injures another’s body, life, health, liberty, or property is bound to make compensation to the victim. This compensation generally seeks to place the victim in the same position they would have been had the injury not occurred and can include expenses for medical treatment and lost income both past and future.
In some cases, the injured party may be awarded compensation for other non-pecuniary losses such as emotional shock and disfigurement. In addition, if the wrongful act resulted in death, the deceased’s heirs can claim funeral costs and other expenses. In contrast to Western countries, where damages for intangibles can sometimes reach astronomical levels, compensation awarded by Thai courts tends to be more restrained.
It’s imperative that injured parties file a claim in a timely manner in order to ensure they receive full compensation for their losses. A reputable injury lawyer can help them define their losses and determine whether or not they have a valid case. Injured parties who do not live in Thailand can sign a power of attorney to have their lawyers file the lawsuit on their behalf, but it’s generally necessary that they be present for all hearings.