Bringing personal injury claims in Thailand necessitates a thorough grasp of the legal system and prompt and experienced legal representation. Under Thai law anyone who wilfully or negligently injures another’s body, life, health, liberty, property, or rights is bound to compensate the victim for their losses.
Generally speaking courts will seek to return the victim to the position they were in prior to their accident or injury. This means compensation for medical bills, lost income and restitution of their property.
Statute of Limitations
The Thai legal system aims to uphold principles of accountability and justice for individuals who suffer injuries due to the negligence or wrongful acts of others. By understanding the legal framework, seeking expert legal counsel, and diligently documenting their losses, injured parties can navigate personal injury claims to secure compensation for their physical, emotional, and financial harm.
Ultimately, Thailand courts aim to restore the victim to the position they would have been in had the crime not occurred. Therefore, they only compensate for tangible loss and the award is usually less generous than those granted in the West.
Foreigners who have been injured while in Thailand have the option to sign a power of attorney and allow an attorney to file their case on their behalf. However, it is usually necessary for the plaintiff to appear in court on at least one occasion to give testimony. This allows the attorney to assess the merits of the case and determine whether to negotiate a settlement or file a lawsuit.
Comparative Negligence
A victim of a wrongful act is legally entitled to compensation from the responsible party. Compensation aims to return the victim to their pre-injury state and includes expenses for medical treatment and damages for lost income covering both present and future. However, calculating compensation can be complicated as many elements play an important role in the calculation. It is essential to have the guidance of a personal injury attorney when dealing with such cases.
A foreigner who has suffered a wrongful act in Thailand is entitled to file a lawsuit, but it is usually best to seek professional legal advice as soon as possible. In general, personal injury claims must be filed within one year since the injury occurred or the claimant became aware of the wrongdoing. Non-filing within this period leads to the case being barred, unless criminal laws stipulate a longer prescription period. In any case, it is vital that the victim appears in person at all court hearings.
Intangible Damages
A person suffering from an accident or illness that was the result of another party’s wrongful act may be entitled to compensation. In Thailand, tort law stipulates that anyone who wilfully or negligently unlawfully injures another’s body, life, health, liberty, property or rights is bound to make compensation. This compensation generally aims to place the victim back into the position they were in prior to the incident and can include expenses for medical treatment as well as damages for lost income past and future.
It is important for victims to seek legal counsel as soon as possible in order to ensure that they do not miss any opportunities to receive appropriate compensation. Generally, the statute of limitations for personal injury claims in Thailand is one year and it is also necessary to physically appear at all court hearings. A reputable injury lawyer can help victims define the extent of their damages and whether or not they have a valid claim.
Insurance Coverage
Many foreign tourists become victims of accidents or personal injury during their trips to Thailand. Such incidents often involve car accidents, but they also may include injuries sustained at their accommodation or in public places. In cases where the perpetrator of the wrongful act has insurance, the victims can file a claim for compensation under that policy.
However, unlike in some Western countries, the award of compensation for intangible damages such as pain and suffering is limited under Thai law. As such, victims should consider securing adequate legal representation when seeking compensation for their injuries.
Whether in the form of an insurance claim or a civil lawsuit, personal injury claims can have profound implications for the injured parties. Adherence to statutory limitations and understanding the compensation factors involved can help individuals navigate this complex legal framework effectively.
