Many tourists become victims of accidents caused by negligence during their stays in Thailand. In some cases an insurance policy might not cover all actual injuries and therefore victims may consider making a personal injury claim against the perpetrator.
The civil law in Thailand stipulates that anybody who willfully or negligently unlawfully damages another person is bound to compensate the victim for any damage sustained. Compensation for the injury can include various tangible and intangible damages.
Tort law
In Thailand, tort law is the legal system that deals with personal injury claims. It is based on Section 420 of the Thai Civil and Commercial Code, which states that anyone who causes injury to another’s body, life, health, liberty, property or rights is bound to make compensation. The purpose of this compensation is to put the injured party back into the position they would have been in had the injury not occurred. This usually involves paying for expenses and damages for loss of earnings (both present and future).
Unlike in the United States and other common law jurisdictions, Thai courts generally limit compensation to actual losses. This includes out-of-pocket costs and evidence of lost wages, which can be proved through medical bills, repair receipts, and proof of lost income. However, intangible losses like pain and suffering are not compensated.
Bringing an action for personal injury in Thailand requires a fast action because physical evidence can be easily affected by the passage of time. It is therefore important to consult a reputable lawyer as soon as possible and gather all relevant evidence, including witness testimonies and physical proof.
Statute of limitations
When filing a personal injury claim in Thailand, it is important to understand the statute of limitations. This time limit is generally shorter in Thailand than in many other jurisdictions. If a lawsuit is not filed within the prescribed time period, it will be barred. A good Thailand lawyer will help their clients stay on track with the statute of limitations.
Under Thai law, a person who causes injury to another person is obligated to compensate them for the injury. This principle applies to both foreigners and local residents. However, the scope of compensation is a bit different for each case.
In general, courts try to put claimants back in the position they would have been in had the injury not occurred. This typically includes payment for expenses and loss of earnings – both present and future. Generally, it is necessary for injured parties to physically appear in court during hearings. However, in some cases a power of attorney can be used.
Foreigners
Many foreign tourists suffer injury in Thailand due to negligence and wrongful actions of others. The law provides legal recourse to those victims to obtain compensation. A personal injury claim can be either civil or criminal in nature depending on the circumstances of the case.
Those who have suffered an injury while in Thailand should seek legal advice immediately. They must also act fast as the statute of limitations is quite short at one year from when the injury occurred or became known.
Compensation for personal injuries in Thailand is decided by the court based on various factors including tangible and intangible damages. In many common law countries, awards for intangible damages like pain and suffering can reach astronomical amounts but in Thailand this is less the case. It is essential that a lawyer defines the extent of an injury to determine whether or not a claim has merit. Moreover, the injured person must appear in court to testify.
Damages
Under Thai law, a person who wilfully or negligently unlawfully injures another’s body, health, liberty, property and/or right is bound to compensate the victim. Compensation may cover various tangible losses such as expenses for medical treatment and loss of earnings (present and future) in addition to a sum to pay for non-pecuniary damages like pain and suffering.
Typically, the courts in Thailand will seek to place the injured party back into the position they were in before their injury occurred. Consequently, they tend to be less generous than in Western countries with their award of damages for pain and suffering.
Foreigners who are not residents of Thailand can file a personal injury claim by giving power of attorney to an established firm in Thailand that will handle the case on their behalf. However, it is usually necessary for them to appear in court on at least one occasion to testify. Moreover, it is advisable to consult a reputable Thailand injury lawyer who can help you define the extent of your losses and your chances of obtaining reasonable compensation.