When an accident or injury happens, you have a right to compensation according to Thai law. A reputable personal injury attorney can help you define the extent of your losses and seek adequate compensation.
In general, Thai courts aim to place claimants back in the position they would have been had their injury not occurred. This includes compensating them for expenses and damages for loss of income in the present and future.
The legal framework of tort law covers a wide range of circumstances where one party may be held liable for another’s injury. This includes medical negligence, damage to private property, and negligent misstatements causing financial loss. In some cases, it is also possible to claim compensation for non-pecuniary losses such as pain and suffering.
The authors argue that modern tort law is state-centered and has become disconnected from the customary rules of the community. Their arguments are backed by ethnographic narratives and litigation statistics from Chiangmai Provincial Court. They suggest that this has contributed to the decrease in legal consciousness among ordinary people.
The injured party has the burden of proof to show that there was a duty of care, that this was breached, and that the resulting injuries were caused by the negligence of the defendant. Moreover, the injured person must prove that the damages they are seeking are proportional to their loss. This is known as the principle of comparative negligence.
Duty of care
Accidents that lead to personal injury are frequently the result of negligent acts committed by another person. These incidents can occur in many different settings, including motor vehicle accidents, workplace injuries, and accidents on public property. A reputable injury attorney can help define the extent of the victim’s losses and pursue appropriate compensation.
Under the Thai Civil and Commercial Code, anyone who wilfully or negligently causes injury to the body, health, life, liberty, or property of another is bound to compensate them. The court will determine the amount of compensation based on the gravity of the wrongful act, as well as other factors.
Compensation can include tangible expenses, such as medical treatment costs and loss of income in the present and future. It may also cover intangible factors, such as pain and suffering. Generally, the award of such damages is more restrained than in other common law countries. In order to file a claim, a victim must physically appear in front of the court, though they can sign a power of attorney to have a lawyer represent them.
An accident and injury can have far-reaching consequences for the victims, impacting their physical and emotional health and financial situation. In such cases, victims are entitled to compensation from the person responsible for the incident. However, obtaining this compensation requires a thorough understanding of Thai law and careful documentation of the incident. It also necessitates prompt legal representation from a Thailand injury lawyer.
Generally, courts in Thailand award actual damages, which are calculated based on out-of-pocket expenses. These expenses can include medical bills, repair receipts, proof of loss of income from missing work, and other related costs. The court will also compensate for intangible losses such as pain and suffering, although these awards are typically less generous than in common law countries.
Moreover, the court may reserve the right to revise the judgment if the injured party’s circumstances change after the case is filed. In addition, the court will not award exemplary or punitive damages. A foreigner who has suffered an injury in Thailand can file a claim by signing a Power of Attorney to have their lawyer represent them, but they will usually be required to appear in the Thai court on at least one occasion to give testimony.
Filing a claim
The legal framework for personal injury claims in Thailand is outlined in the Civil and Commercial Code. This historic legal text carefully outlines concepts related to culpability, negligence and compensation for injuries caused by the fault or carelessness of others.
Claims can be settled through negotiations or by filing a lawsuit in court. In either case, victims should seek legal advice as soon as possible to understand their rights and options.
Generally, the courts aim to place claimants back in the position they were in before the wrongful act and compensate them for expenses and loss of earnings. However, intangible damages such as pain and suffering are awarded less frequently than in common law countries.
A victim is required to file a claim within one year of the date of the injury or the date when they became aware of the wrongful act. If they do not, their claim may be barred by statute of limitations.