Personal Injury Claims in Thailand
Whether in traffic or at your accommodation, injuries suffered in Thailand can have devastating physical and financial implications. If you have been injured due to another’s negligence, you are entitled to compensation under Thai law.
In general, Thai courts seek to put claimants in the position they would have been had the injury not occurred. This includes awarding compensation for expenses and damages for loss of earnings, both present and future.
Accidents
Every year a number of tourists and other foreigners are injured in Thailand. This can be the result of a variety of causes such as a boat accident on a southern island or an injury while driving a car in hectic Bangkok.
Those who are negligently injured may be liable for compensation under tort law in Thailand. 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.
In general, compensation for a personal injury should place the claimant back into the position they would have been in had their injury not occurred. This often involves compensating for expenses and damages for lost earnings (present and future). However, there are many factors that can affect the amount of compensation awarded by the court.
Injuries
There are a number of injuries that can cause personal injury claims. These include motor vehicle accidents, workplace injuries, and accidents in public places. Those who suffer from these types of injuries can be entitled to compensation for their medical expenses and loss of income. They may also be compensated for their pain and suffering. A reputable injury attorney can help their clients define the extent of their losses.
According to the Thai Civil and Commercial Code, a person who unlawfully injures another must make compensation for the injury suffered. The courts will try to place the injured party in the position they were in before the injury. They will not elevate them above that position. This is one reason why it is important to use a law firm that has a specialized personal injury attorney on staff.
Damages
Under the Thai civil and commercial code section 420, a person who wilfully or negligently unlawfully injures another’s life, body, health, liberty, property and/or right is bound to compensate the victim for damages. Compensation can cover various tangible and intangible losses such as expenses for medical treatment, loss of earnings (present and future), a sum to pay for non-pecuniary damages like pain and suffering and disfigurement.
In many common law countries, the compensation for intangible factors like emotional distress and loss of consortium can reach astronomical levels but in Thailand court awards tend to be more restrained. A professional Thailand injury lawyer will help their clients define what exactly they are entitled to. As such, the amount of damages can be significantly different from one case to the next.
Filing a Claim
Under Thai law, anyone who commits a wrongful act is bound to compensate the injured party for damages. Compensation includes tangible expenses like medical bills and property damage as well as intangible ones such as pain and suffering. A reputable injury attorney can help the injured party define these factors and determine how much compensation they should receive.
The legal system in Thailand is based on tort law, which stipulates that anyone who willfully or negligently causes injury to another person’s body, health, liberty, or property is bound to make compensation for the harm caused.
Claims are usually filed within one year from the date of the accident or when the injury was discovered. Those who have been injured while travelling in Thailand should seek immediate legal advice.
Foreigners
Many foreigners travel to Thailand and become victims of accidents. These include motor vehicle accidents, slip and fall accidents, and workplace injuries. These accidents are often caused by negligence. If a foreigner is injured by a tortfeasor, they may consider filing a personal injury claim against them.
Compensation for injuries can cover a variety of expenses, including medical treatment and loss of income. The court can also award compensation for intangible losses like pain and suffering. However, awards for these intangibles are often more restrained than in other common law countries. A reputable injury lawyer can help their clients define the extent of damages.
Although a foreigner can file a personal injury case in Thailand by using a power of attorney, it is important for them to physically appear at all hearings. Otherwise, their claims might not be successful.