The law of Thailand, as per Section 420, stipulates that anyone who unlawfully injures another person’s body, life, health, liberty, property or rights is bound to make compensation. Compensation generally aims to place the victim back into the position they were in prior to the injury and can cover expenses as well as lost income past and future.
Statute of Limitations
A person injured in a car accident, work-related incident, or medical malpractice is entitled to compensation for the damage caused. However, the process of claiming compensation can be complicated and requires legal assistance. This is where a lawyer who specializes in personal injury claims can help.
According to section 420 of the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property, or rights is bound to make compensation. Compensation may include paying for expenses incurred as a result of the injury, as well as compensating for lost wages (present and future). Additionally, damages for pain and suffering may also be awarded. However, awards for these intangible losses are generally more restrained in Thailand than in other common law countries. A reputable injury lawyer can help their clients define the extent of their damages and whether or not they are eligible for compensation.
While foreigners who are not residents of Thailand can pursue personal injury claims by signing a power of attorney and having their lawyer file the case on their behalf, it is usually necessary for them to appear in court on at least one occasion to give testimony. For this reason, it is crucial for people who have sustained injuries in Thailand to seek legal advice as soon as possible.
Filing a Lawsuit
The process of filing a personal injury claim in Thailand requires a thorough comprehension of the country’s legal system and prompt and experienced legal representation. The legal framework dictates that any person who wilfully or negligently injures another’s body, life, health, liberty, property, or rights is bound to compensate the victim for the injuries suffered. Compensation can include the cost of medical treatment, expenses for future incapacity to work, and the restitution of property damage.
In cases where the injured party’s negligence is partly responsible for their own losses, a court may take this into account when awarding compensation. This can include the costs of medical care and lost income due to the accident. The scope of compensation also includes the pain and suffering endured by victims.
Foreigners may pursue a case in Thai courts by signing power of attorney to a firm located in the country. However, for the first hearing, it is often necessary to appear in person in Thailand.
Generally speaking, compensation awarded by a court will seek to return the victim to the position they were in prior to the incident. This includes paying their medical bills and compensating them for lost income in the past and future. In some cases, the wrongdoer will also be required to pay a fine. If the case is deemed to be in violation of criminal law, a prison sentence may be imposed.
Power of Attorney
In Thailand, the law stipulates that anyone who willfully or negligently infringes on another’s body, health, liberty, property and/or rights is bound to compensate them for damages incurred. This compensation generally aims to return the victim to their position prior to the incident, covering expenses for medical treatment and other tangible losses including lost income both past and future. A reputable injury lawyer can help to ascertain the laws applicable to your case and define what you may be entitled to.
A foreigner who has suffered a personal injury in Thailand can sign a power of attorney to allow a lawyer to file their lawsuit on their behalf. However, it is usually necessary for them to physically appear in court on at least one occasion to give testimony and answer questions from the judge.
The power of attorney must be notarized and conform to the formal and substantial requisites of the law to be valid and enforceable. A qualified injury attorney will be able to prepare the POA and ensure that it meets all requirements. They will also be able to assist their clients with any other aspects of the legal process involving a personal injury claim in Thailand, such as settling disputes with insurance providers or even appearing in court on their behalf. They can also provide assistance to their clients in defining what they should be compensated for, including intangible losses such as pain and suffering.
Representation
Personal injury cases in Thailand are governed by tort law, which focuses on legal remedies for injuries sustained due to the wrongful acts of others. Such claims often stem from traffic accidents, workplace injuries, and medical malpractice.
As with other common law jurisdictions, the key to successful personal injury claims in Thailand is establishing negligence. To do this, the injured party must prove that the responsible party owed them a duty of care, breached that duty, and directly resulted in their injuries.
Courts in Thailand typically award actual or compensatory damages, which are based on the severity of the wrongful act. However, unlike in many Western countries, courts in Thailand rarely award punitive or exemplary damages. This means that courts only compensate the victim for a tangible loss, such as out-of-pocket expenses, repairs to damaged property, and past and future losses in wages.
Hiring a personal injury lawyer in Thailand is essential for any person seeking compensation for their injuries. These attorneys are well versed in the country’s legal system and can help their clients navigate the process. They can also assist with gathering evidence, negotiating with insurance companies, and filing a lawsuit on their client’s behalf. They can even attend hearings in person on their client’s behalf if necessary. In most cases, the client will still be required to physically appear in court for their case.