Whether caused by negligent driving or an occupational accident, Personal Injury Claims in Thailand necessitate careful comprehension of the country’s legal framework and prompt legal representation. Under tort law, anyone who wilfully injures another’s body, life, health, liberty or property is bound to compensate for the injuries sustained.
Compensation awarded typically covers quantifiable loss such as past and future loss of income. However, a successful outcome is greatly increased when victims are guided by experienced legal counsel.
In Thailand, a person who harms another by their negligent act can be held liable under civil law. The Civil and Commercial Code lays out basic concepts of culpability and compensating damages, with the gravity of the wrongful act guiding the courts in determining a fair award.
In addition to covering costs of medical treatment, compensation for lost income can help victims get back on their feet after an accident. Courts may also award compensation for intangible losses such as pain and suffering, though awards tend to be more restrained than in other common law countries. A reputable injury lawyer can help clients define the full scope of their losses.
Road accidents are one of the most common sources of personal injuries in Thailand. Many of these occur due to poor road conditions and lack of enforcement of traffic laws, including those related to speeding and helmet-wearing. Fortunately, through strategic legal advice and litigation, foreigners can successfully pursue a claim for damages for their losses.
In Thailand, personal injury claims resulting from occupational accidents can be filed against an at-fault party for compensation for medical expenses and lost income. These claims can also cover the costs of repairing or replacing any damaged property. In general, courts in Thailand will try to place the injured party in a position that is as close as possible to the one that existed before the injury.
Considering that Thailand is a newly industrialised country, it is important to focus on effective injury prevention programs. Research suggests that reductions in occupational injury rates can be achieved through limiting working hours, especially for low wage earners and those with longer workdays.
Obtaining professional legal guidance can be priceless in personal injury cases, as the complexities of Thai law and the potential for disagreements over who is at fault can quickly become overwhelming. Fortunately, in most cases, the plaintiff can sign a Power of Attorney and have their lawyer file on their behalf without their physical presence in court.
A disproportionate number of personal injury claims in Thailand stem from medical malpractice. Medical malpractice is defined as the act or omission by a healthcare professional that falls below accepted standards of practice and causes injury to the patient. This can include unskilled, inadequate and negligent treatment; wrongful diagnosis; and failure to warn patients of known health risks. These lawsuits are brought in civil and criminal court.
Compensation for a successful claim in Thailand depends on proof that the healthcare practitioner violated the applicable standard of care. This may require expert testimony regarding the standard of care and how they deviated from it. Compensation awards are based on quantifiable losses and may also include past and future loss of earnings. Compensation for intangible loss, such as pain and suffering, is less common in Thailand. Compensation is designed to place the injured party in a position similar to that of before their injury occurred. However, the Thai courts tend to be more conservative in their awarding of damages.
The death of a loved one due to someone else’s negligence can result in personal injury claims. Under the Thai law of tort (section 420), anyone who wilfully or negligently unlawfully causes injury to another’s life, health, liberty, property, or rights is bound to make compensation for the damages.
Generally speaking, Thai courts aim to place claimants back into the position they would have been in had their injuries not occurred and award compensation for expenses and lost earnings – past and future. They may also award intangible losses like pain and suffering, although these awards are usually more restrained than those awarded in other common law countries.
In general, personal injury cases in Thailand must be filed within one year of the incident and/or when the injured party becomes aware of the wrongdoing. This is a shorter prescription period than in some other jurisdictions. In most cases it is crucial that the injured party physically appears in person at all hearings.