Personal Injury Claims in Thailand

If you are injured while in Thailand, you can bring a personal injury claim to recover compensation. However, it is important to understand how Thai courts determine the amount of damages awarded.

In general, compensation aims to place the victim back in the position they would have been had the injury not occurred. This includes paying for expenses and compensating for lost earnings, both present and future.

Statute of limitations

A personal injury claim is a civil action brought against the person or organisation responsible for an accident and injuries. This is different from a criminal action against the perpetrator and does not result in a prison sentence.

A claim is usually based on the concept of negligence, which involves the tortfeasor having a duty to act in a certain way, breaching that duty, and causing injury or harm as a result. In order to be successful in a claim, it is essential that the injured party is able to demonstrate this breach of duty and resulting injury.

The courts aim to place the claimant in the position they would have been had the injury not occurred, and this includes compensating for expenses as well as loss of income, both past and future. In general, damages are less generous than those awarded in the West. If the verdict is not acceptable, there are opportunities to appeal.

Damages

Under Thailand’s tort law (Section 420 of the Thai Civil and Commercial Code), anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property, credit and rights is bound to compensate them. Compensation is usually determined by the court based on various tangible and intangible damages such as expenses for medical treatment, loss of income, and non-pecuniary damage for pain and suffering.

Unlike in the United States, where non-pecuniary damages are awarded based on the extent of an individual’s mental distress and emotional trauma, the courts in Thailand take into account only the victim’s tangible losses. As a result, the compensation awarded by the courts is often less generous than in the United States.

Regardless of the severity of your injury, it is important to begin the personal injury claim process promptly. Start by documenting the incident and obtaining a medical report. Then, consult a qualified attorney for legal advice and representation. If necessary, your lawyer may be able to negotiate a settlement or file a lawsuit in court.

Requirements for legal representation

It is important for any foreign traveller who has suffered a personal injury or illness during their stay in Thailand to contact Thailand injury lawyers as soon as possible. This will ensure that their case is filed within the statute of limitations and that they are compensated for their losses and injuries.

Under the Thai civil and commercial code, anyone who wilfully or negligently unlawfully injures another person is bound to make compensation for the victim. This includes expenses and damages for lost income, both past and future.

However, the compensation awarded is generally less generous than in other countries. This is because Thai courts seek to put victims back in the position they would have been in had their injury not occurred. As such, they do not award compensation for “intangibles” such as pain and suffering or loss of enjoyment of life. In addition, it is necessary for plaintiffs to appear in court in order to pursue their claim.

Appeal rights

The Thai Civil and Commercial Code stipulates that any person who unlawfully injures another must compensate the victim for the damage caused. This includes medical expenses, loss of income, and future care needs.

Unlike in some common law countries, where compensation for intangibles like pain and suffering can reach astronomical levels, Thailand’s courts usually award only the actual losses suffered by the injured party. Furthermore, courts rarely award damages for disfigurement or emotional shock.

It is important for victims of Personal Injury Claims in Thailand to understand the legal framework and seek professional legal representation. This will help them navigate the claims process and secure fair compensation for their physical, emotional, and financial losses. Depending on the circumstances of the case, a personal injury attorney may negotiate a settlement with the responsible party or their insurance company. If negotiations fail, they may file a lawsuit in the appropriate court. Nevertheless, foreigners who suffer injuries in Thailand should consider the conflict rules which apply to determine what law governs a specific act or claim when it involves a foreign element.

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