Like many busy countries, Thailand’s roads are prone to traffic accidents that can lead to personal injury. Injured parties should be sure to understand the legal options available to them.
Under Thai law, a person who wilfully or negligently causes injury to another’s life, liberty, body, health, property, or rights is liable for compensation. This compensation generally seeks to place the claimant in the position they would have been had the injury not occurred.
Negligence
Obtaining the right compensation in personal injury cases necessitates careful comprehension of Thailand’s legal framework. It’s also critical to engage a lawyer who’s experienced in personal injury claims.
Under the country’s law of tort, anyone who wilfully or negligently causes injury to another’s life, body, health, liberty, property, or rights is bound to compensate them for their losses. This compensation typically covers quantifiable expenses and past and future loss of income. Additionally, intangible damages like pain and suffering can be awarded as well.
However, proving negligence in Thailand can be challenging, particularly for foreigners who’re unfamiliar with the country’s nuances and cultural differences. The burden of proof rests on the injured party to establish that the defendant had a duty of care, breached this duty, and directly caused the injuries they suffered. This requires a thorough investigation of the situation and meticulous documentation of all expenses incurred. It’s important to note that a claim must be filed within one year of the incident or when the victim becomes aware of the wrongdoing (unless criminal laws stipulate a longer prescription period). It’s also vital to physically appear in court for all hearings.
Damages
The process of securing compensation for damages sustained due to the negligence or wrongful acts of another requires a thorough grasp of the Thai legal system, meticulous documenting of losses and prompt legal representation. A reputable law firm can help define the extent of an injured party’s damages and ensure that all legal rights are safeguarded.
Under Thailand’s laws of tort, anyone who willfully or negligently injures another person’s body, life, health, liberty, property or rights is bound to compensate them for their loss. Compensation typically includes quantifiable expenses such as medical bills and lost wages and may include restitution of damaged or destroyed property. Intangible losses such as pain and suffering are rarely awarded, however, in cases involving the death of a victim, heirs may be entitled to compensation for funeral and burial expenses.
Injured parties may file personal injury claims for accidents involving motor vehicles, workplace injuries and malpractices by healthcare practitioners such as surgical errors or misdiagnosis. Injured parties must be able to prove that the other party breached their duty of care by failing to meet the standard of practice.
Statute of Limitations
The law in Thailand stipulates that if any individual or entity wilfully or negligently unlawfully injures another party’s body, life, health, liberty or property, they must compensate the victim. This compensation aims to place the victim back into the position they were in prior to the incident and may include expenses for medical malpractice and damages for lost income past and future.
Courts in Thailand will generally only award compensatory damages which cover the actual costs of the injury. It is important to keep track of out-of-pocket expenses and to provide receipts or proof of these to be able to prove your claim. Furthermore, the courts will not award any “intangible” damages such as pain and suffering or disfigurement.
Foreign nationals who are seeking compensation for personal injury in Thailand should always consult with a qualified lawyer familiar with Thai legal systems. Thorough documentation and timely action are vital to a successful outcome, and an experienced attorney will be able to navigate the cultural differences and insurance issues that can complicate the claims process.
Mediation
Under Thai law, anyone who wilfully or negligently injures another is bound to compensate the victim for their losses. These include monetary compensation for medical bills and lost income and restitution of property.
Typically, compensation amounts reflect the gravity of the wrongful act, with intangible factors like pain and suffering receiving less emphasis than in common law jurisdictions. However, the court may award a higher amount to compensate for any loss that cannot be quantified at that point in time.
In 2019, the first comprehensive law on mediation in Thailand was introduced to facilitate out-of-court resolutions and expedite litigation proceedings. The court is empowered to order conciliation at any stage of the case and even at the initial case management hearing.
While a court-supervised process, the conciliation does not replace the trial docket and months can easily lapse before the case is scheduled for a hearing. This is why it is crucial to seek legal counsel as soon as possible. A skilled personal injury lawyer can help a claimant gather evidence, negotiate with insurance companies, and represent the client in court.
Filing a Lawsuit
The legal system in Thailand recognizes that victims of personal injury deserve fair compensation. This principle is reflected in the country’s Civil and Commercial Code, which mandates that anyone who inflicts harm to another person is bound to compensate the victim for their losses. In personal injury cases, this translates into compensating the injured party for damages sustained, which may include tangible items such as medical expenses and quantifiable amounts for loss or damage to properties.
While proving negligence can be challenging, the burden of proof lies with the claimant. Consequently, it is important to seek prompt medical attention and document all injuries thoroughly. This will help ensure that all relevant injuries are included in the lawsuit. It is also crucial to consult a lawyer specializing in personal injury law in Thailand. A lawyer can provide guidance, gather evidence, and negotiate with insurance companies.
A lawyer can also file the claim on behalf of the client and represent them in court. Since foreigners often encounter challenges in Thailand, including language barriers and cultural differences, it is highly recommended to seek professional legal assistance.