Many foreign tourists fall victim to accidents or personal injuries while in Thailand. If the injury is severe, compensation may be sought through a Thailand personal injury lawyer.
A personal injury case falls under tort laws whereby any person who wilfully or negligently unlawfully injures the life, body, health, liberty, property or rights of another is bound to make compensation.
Negligence
The concept of negligence in personal injury claims in Thailand is based on tort law. According to Section 420 of the Thai Civil and Commercial Code, anyone who wilfully or negligently causes injury to another person’s body, health, life, liberty, or property is bound to make compensation for the damage caused.
In general, courts aim to put claimants in the position they would have been in had the accident not occurred, including covering expenses and losses of future earnings. They may also award compensation for intangible losses such as pain and suffering, although awards for these are generally more restrained than those in common law countries.
A foreigner who is a victim of a personal injury in Thailand can generally sign a Power of Attorney to have their lawyer file the case on their behalf, but it will usually be necessary for them to appear in court on at least one occasion to give testimony.
Damages
Under Section 420 of the Thai Civil and Commercial Code anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property or rights is bound to make compensation. Compensation is generally based on a number of tangible costs such as medical expenses and loss of income, as well as intangible factors such as pain and suffering.
Unlike some common law jurisdictions, however, in Thailand courts tend to be more restrained in their awarding of damages for intangible factors like disfigurement or emotional distress. A reputable personal injury attorney will be able to help clients define the extent of their losses and seek adequate compensation for them.
A foreigner who is injured in Thailand but does not reside in the country may file a personal injury claim by signing a power of attorney to have his lawyer submit the case on his behalf. However, it is usually necessary to appear in court in Thailand on at least one occasion to testify.
Statute of Limitations
If you’ve been injured in Thailand and wish to pursue a claim for compensation then you should seek legal advice as soon as possible. Cases for compensation are generally filed within one year (depending on the circumstances) from the date of injury and it’s important to act fast otherwise your right to compensation could be lost through the passage of time.
In Thailand the law stipulates that a person who wilfully or negligently unlawfully injures another’s life, body, health, liberty, property or rights is bound to make compensation. Compensation can include expenses, costs and damages for loss of income in both the present and future. Intangible factors like pain and suffering are also compensable, although awards for these may be more restrained than in common law jurisdictions.
It is usually necessary for a foreign victim to physically appear in court on at least one occasion and give testimony in person, however it is possible to sign a power of attorney for a lawyer in Thailand to file the case on their behalf.
Representation
Accidents and injuries can have far-reaching consequences, impacting physical health, emotional well being, and financial stability. When those injuries are caused by the negligence or wrongful actions of others, victims have the right to seek compensation through personal injury claims.
Claims may be settled through negotiations or by filing a lawsuit in court. It is important to consult with a Thailand injury lawyer who can provide legal advice and guidance throughout the process.
Compensation in Thailand generally reflects tangible expenses as well as intangible factors such as pain and suffering. Unlike in many common law jurisdictions where the award of such intangible factors can reach astronomical levels, Thailand courts are more restrained in their awards. A reputable injury attorney can help define the extent of losses and make a strong case for appropriate compensation. Typically, any claim must be filed within one year from the date of the accident or injury. This is known as the statute of limitations or prescriptive period and is adhered to strictly in Thailand.
