Personal Injury Claims in Thailand

If you have suffered injuries or ill-health due to the negligent actions of another party, you may be entitled to compensation. Compensation is decided by the courts and based on various factors including tangible and intangible damages.

It is advisable to seek legal advice as soon as possible. It is also important to document the incident with witness testimonies, physical evidence and a police report.

Damages

Generally speaking, Thai law provides compensation to individuals who have suffered harm due to the wrongful acts or negligence of others. These injuries may stem from traffic accidents, workplace incidents or medical malpractice. The types of damages awarded varies depending on the gravity or circumstances of the case.

Courts seek to place victims back in the position they would have been if the injury had not occurred, including awarding them expenses for medical treatment and lost income both past and future. However, compensation for intangible losses is more restrained than in common law jurisdictions.

It is advisable to consult with an attorney who is experienced in personal injury cases. They will be able to guide you through the process, which includes reporting an incident, negotiating with insurance companies and filing a lawsuit. They will also assist you in defining the extent of your losses and determine whether or not you have a valid claim for damages.

Statute of limitations

The results of an accident can have a lasting impact on your physical health, emotional well-being and financial stability. Therefore, it is important to act fast and seek legal guidance as soon as possible to increase your chances of a successful outcome.

Under Thai law, a person who causes injury to another’s life, body, health, liberty or property is bound to make compensation. This usually includes expenses and damages for loss of income – both present and future. It may also include restitution of properties in cases where the wrongful act resulted in deprivation of property.

Generally, the claimant must file a lawsuit within one year from the time they became aware of the wrongful act. However, if the case is covered by criminal law, the statute of limitations (prescription period) may be longer. It is advised to consult a qualified lawyer as soon as possible to prevent the expiry of the statute of limitations.

Restitution of property

A person who causes injury to another's life, liberty, body, health, or property is obligated to make compensation to the injured party. This entails restitution of property and expenses such as medical treatment or loss of income, both present and future. Compensation is also awarded for pain and suffering.

The legal process for personal injury claims in Thailand can be complicated and nuanced. Early action and evidence gathering are key. In addition, obtaining prompt medical attention and consulting with a personal injury attorney can increase the likelihood of success.

Generally speaking, Thai courts seek to place claimants in the position they would have been in had the injury not occurred. Thus, intangibles such as emotional shock and disfigurement are not awarded as much as those in the West. However, there are some exceptions. Lastly, it is important to be aware that a foreigner who files a lawsuit in Thailand must appear for most hearings. This can be done with a power of attorney, but it is still necessary to physically be there.

Compensation for pain and suffering

Injuries and mishaps are a part of life, but sometimes the consequences can be overwhelming. Obtaining fair compensation for personal injury can help victims overcome such difficulties, but navigating the legal maze requires a comprehensive approach that considers the specific Thai laws and challenges.

The Civil and Commercial Code stipulates that if someone wilfully or negligently causes injury to another person’s life, body, health, liberty or property then they are bound to compensate the injured party for their damages. Damages may include expenses for medical treatment and loss of earnings (present or future) among other tangible losses.

Promptly seeking medical attention, documenting the incident and gathering evidence including eyewitness accounts can improve the chances of a successful outcome. Consulting a professional Thailand injury lawyer early on also helps understand legal intricacies, procedures and strategies for obtaining fair compensation. Although foreigners can make claims by giving their lawyer power of attorney, it is advisable that they physically appear in court for the first hearing.

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