Pursuing a personal injury claim in Thailand necessitates a thorough understanding of Thai law, careful documentation of the incident, and prompt legal representation from a specialized Thailand injury attorney. Damage awards, while more restrained than in common law countries, are nonetheless substantial.

Under the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property, and/or rights is bound to make compensation. Compensation generally includes actual losses, including expenses and damages for lost earnings (present and future).

Statute of Limitations

The law in Thailand dictates that a person who commits a wrongful act that causes another to sustain an injury is bound to compensate the victim. Compensation amounts vary and are determined by the courts. They may include material damages for broken property, restitution to deprivated properties, moral damage arising from inconvenience or libel, and exemplary damages in cases of severe tort.

The Thai courts strive to place the injured party in a position that is similar to before the accident occurred. Therefore, the amount of compensation awarded tends to be less generous than in common law countries.

As a result, prompt engagement with a proficient personal injury lawyer is essential to ensure that your case is filed within the statutory time frame. Our attorneys are dedicated to providing top-tier legal services, ensuring that through strategic litigation and careful negotiation you receive the maximum compensation possible for your injuries. This is especially important as the statute of limitations is typically only one year from the date of the incident.

Damages

Under the Thai Civil and Commercial Code, a person who commits a tort – or wrongful act – must compensate the injured party. This can include expenses incurred by medical treatment, repair costs, and lost wages (present and future).

Unlike the Western convention of awarding compensation for intangible losses like loss of consortium, pain and suffering and disfigurement, Thai courts only award actual damages. This means that a court must carefully evaluate each expense and prove them with meticulous documentation, including medical bills, repair receipts, proof of income loss and more. Moreover, moral damages and exemplary damages are virtually unknown in Thailand.

For foreigners, who can file a personal injury claim in Thailand by signing a power of attorney for their lawyer to represent them, they will usually be required to appear in the court on at least one occasion. This is necessary to prove their case and testify. Otherwise, their case could be dismissed or reduced in value due to lack of evidence.

Representation in Court

Personal injury claims in Thailand involve a complex legal process that necessitates a thorough comprehension of the local law and prompt and professional representation. Under Thai law, anyone who wilfully or negligently injures another’s body, health, life, liberty, property or rights is bound to compensate the injured party for damages. Compensation generally seeks to put victims back into the position they were in before the accident or injury, including paying medical bills and compensating for lost work – present and future.

Compensation also includes intangible factors such as pain and suffering, although awards for these are often more restrained than in other common law countries. While pursuing fair compensation for your injuries is crucial, it should not be the sole focus of your case. A reputable injury lawyer will guide you through the process and help you define the extent of your damages.

Gathering Evidence

If you have suffered injuries as the result of another party’s negligent actions, seeking legal guidance is crucial. A qualified attorney can help you understand the Thai legal framework, gather evidence and pursue avenues for compensation. They can also negotiate with insurance companies and represent you in court.

In Thailand, the Civil and Commercial Code lays out basic concepts related to culpability, negligence and compensating remedies for injuries caused by the fault of others. The courts decide the amount of damages based on the gravity of the wrongful act done. This can include restitution for damaged properties, compensation for medical expenses and past and future loss of income due to partial or full disability to work.

Generally, courts award compensation for tangible costs (medical expenses, repair cost of broken property) and intangible costs (pain, suffering and disfigurement). The court may reserve the right to revise the judgment for a period not to exceed two years. Foreigners can file a personal injury claim by giving power of attorney to a lawyer in Thailand but will need to attend the first hearing in person.