Personal Injury Claims in Thailand are governed by the Civil and Commercial Code. They are based on the notion that when a person causes injury, they must compensate the injured party for their loss.
Interview data show that the interlegality of injury cases – movement back and forth between state law and norms associated with sacred centers – has all but disappeared for many injury victims in Chiangmai. This is a result of major social transformations.
Damages
Under Thailand law, if someone wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property or rights, they are bound to compensate the injured party. Compensation aims to put the victim in the position they would have been had the injury not occurred, which often includes expenses for medical treatment and lost income both present and future. Courts also take into account other intangible losses such as pain and suffering though these awards are more restrained than in other jurisdictions.
Due to the strict one-year window dictated by Thai laws, prompt action is essential in personal injury cases. Moreover, proving the direct link between damages and the wrongful act can be difficult, which necessitates a strategic approach. A reputable lawyer can facilitate the process by gathering evidence and safeguarding legal rights in Thailand’s distinct legal landscape.
It is important for plaintiffs to physically appear at all hearings. However, a person who is unable to travel to Thailand can sign a power of attorney and have their Thai lawyer represent them in court.
Insurance
Personal Injury Claims in Thailand can be complex and often require the help of an experienced attorney. A lawyer will have the knowledge of the local legal system and can help you file your claim in a timely manner. He will also be able to assist you in securing appropriate compensation. A successful outcome may be significantly increased if you are able to secure comprehensive documentation and follow proper legal procedures.
Under Thai law, any person who causes harm to another by a wrongful act is bound to compensate the victim for the damage caused. This applies to both foreign and domestic injuries. However, it is important to note that the burden of proof is higher in a foreign accident case.
Compensation is usually awarded for expenses and damages that are quantifiable. Intangible damages such as pain and suffering are rare, and awards are generally lower than in Western countries. In addition, a lawsuit must be filed within one year of the date the injury or wrongful act was committed (this is known as the “prescription period”). This deadline can be extended for cases that involve criminal elements.
Medical expenses
In Thailand, the victim may be compensated for medical expenses that result from a wrongful act. Additionally, the victim may be awarded compensation for past and future loss of earnings in cases where a wrongful act causes injury to the person’s work performance.
Under Thai law, a wrongful act is an act committed by one person willfully or negligently which caused injury to the life, liberty, body, health and property of another. It is classified as tort, which is a civil liability based on fault.
Wrongful acts include traffic accidents, workplace injuries, and medical malpractice. In Thailand, claims involving these types of injuries can involve substantial losses and require legal support from experienced personal injury lawyers. These attorneys are able to understand the local culture and legal system, which can help expedite the process. They can also negotiate with insurance providers to reduce the burden on the claimant. They may even provide services on a contingency basis, which allows them to be paid only if they win the case. This allows them to focus on presenting the best possible case for their clients.
Lost wages
The law in Thailand provides for compensation in the event of a personal injury. These claims may include expenses for medical treatments, restitution of property and lost wages (past and future). Intangible losses such as pain and suffering are not awarded as often as in some western countries.
Under Section 420 of the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another’s body, health, liberty, or property is bound to compensate them. However, proving negligence can be difficult as it requires proof of the defendant’s duty of care, breach, and direct causation of the victim’s harm.
A successful claim will require detailed documentation and prompt engagement with an experienced attorney. It is also important to understand that the statute of limitations in Thailand is one year. A lawyer can help ensure that your case is filed within this time frame, and that you are compensated for all your injuries. For those who cannot travel to Thailand, it is possible to sign a power of attorney for a lawyer in Thailand and have them file the case on your behalf. However, it is generally necessary to appear in person at all hearings.
Pain and suffering
The objective of the personal injury system is to place an injured person in the position he or she would have been in had the wrongful act not occurred. This includes putting the victim back in a quantifiable financial position through compensation for tangible losses. In general, Thailand courts do not award compensation for intangible factors such as pain and suffering or disfigurement.
The best way to ensure that you can claim all the damages that you are entitled to is to get prompt medical treatment as soon as possible after your injury. This will not only improve your health but also provide you with an accurate medical record for your claim.
As with all claims, it is critical to gather and organize all relevant evidence as quickly as possible. In addition, it is helpful to consult a lawyer who specializes in personal injury law as early as possible. Foreigners who have been injured in Thailand can generally sign a power of attorney to allow their lawyers to file a claim on their behalf, although it is generally necessary for the plaintiff to appear in court in Thailand on at least one occasion to give testimony.