Thailand’s legal framework provides injured parties with several avenues to compensation. However, pursuing personal injury claims successfully requires a keen understanding of the country’s judicial landscape and obtaining expert legal advice early on in the process.
In Thailand, courts award damages based on the gravity of the wrongful act. This includes quantifiable losses such as medical malpractice costs and past and future loss of income.
Damages
Under the Thai Civil and Commercial Code, a person who commits a tort willfully or negligently causes injury to another’s life, body, health, liberty, property or right is bound to make compensation. Compensation amounts can include tangible costs like medical treatment and loss of income (both past and future) as well as intangible factors such as pain and suffering.
Thailand’s courts generally calculate damages based on out-of-pocket costs proven by medical bills, repair receipts, proof of lost wages if you had to take time off work, and other similar documents. Unlike some common law countries, however, the courts do not award compensation for moral damages or non-tangible losses impacting your dignity or personality.
A thorough understanding of Thai law, meticulous documentation, and prompt legal representation are essential for pursuing a successful personal injury claim. In the following section, we will explore a comparison of the US and Thai systems of non-pecuniary damage. We will also describe the problem with the current system and discuss how it might be changed to be more equitable for all victims.
Filing a Claim
Under Thai law, anyone who wilfully or negligently injures another’s body, health, liberty, property or rights is bound to compensate the victim. Compensation can include tangible costs such as medical expenses and loss of income, as well as intangible factors like pain and suffering.
Unlike in common law countries, courts in Thailand generally calculate damages based on out-of-pocket expenses proven by documents such as medical bills, repair receipts and proof of lost wages (if applicable). In addition, Thai judges rarely award punitive or exemplary damages.
Those who have suffered an accident or injury in Thailand may file a claim within one year of the date of the incident. Foreigners can sign a power of attorney to allow a local law firm to represent them in the proceedings, but it is usually necessary for them to appear physically at their first hearing. This is also the case for family members of the deceased who wish to demand compensation from their loved ones’ tortfeasors.
Time Limits
A claim for compensation of damages arising from a wrongful act must be filed in court within one year following the injury and the victim’s knowledge of his tortfeasor, or else it shall be barred (Section 448 CCC). It is therefore imperative that an injured party engages a proficient attorney immediately to safeguard all legal rights stipulated by law.
A reputable lawyer can assist in navigating Thailand’s complex legal system, allowing the injured party to focus on their recovery. It is also crucial to seek medical attention in order to document the injuries received and establish a record of damages that can be proven at trial. In general, courts award compensation for tangible losses such as medical expenses and loss of income, while awards for intangible losses like pain and suffering tend to be more restrained than those granted in common law jurisdictions. The victim must also physically appear in court on at least one occasion to testify.
Representation
A lawyer specializing in Personal Injury cases in Thailand should be able to assist you in ascertaining relevant laws, filing a lawsuit, and obtaining compensation. They can also negotiate with insurance companies and provide representation in court as needed.
Under Thai law, anyone who wilfully or negligently unlawfully injures another’s life, body, health, liberty, property and/or rights is bound to compensate the victim. Compensation is determined by courts and may include various tangible costs and intangible factors such as pain and suffering. In common law jurisdictions compensation for intangible factors can reach astronomical levels, but in Thailand court awards tend to be more restrained.
Foreigners can file a personal injury claim in Thailand provided they have the proper documentation. They can even sign a power of attorney and have an attorney file on their behalf. However, it’s generally necessary that the plaintiff appear in court in person on at least one occasion. This is especially important to ensure that all relevant evidence is submitted to the court.
