A personal injury claim is a civil action seeking compensation for an accident or injury. Although a foreigner may file a personal injury case in Thailand by signing a power of attorney, it is usually necessary to physically appear at court hearings.
Under Thai tort law, anyone who wilfully or negligently unlawfully injures another person’s life, body, health, liberty, property or rights is bound to make compensation. The general principle is that compensation should place victims back into the position they would have been in without their injuries.
Statute of Limitations
As in many countries, there is a limit on how long you have to make a personal injury claim. Generally this is one year from the date of the incident. It is important to get your case started as soon as possible so that all the relevant evidence, witness testimonies and physical proof can be collected and organised.
Courts in Thailand aim to place the victim back into the position they would have been had the injury not occurred and this usually means awarding expenses for medical treatment as well as damages for loss of income – past and future. Compensation for intangible losses is less generous than in common law jurisdictions, however.
In many cases it is necessary for the injured person to physically appear in the court for the hearings, even though the case can be filed with power of attorney. This is because insurance companies are often involved in these cases and need to be consulted and involved as well.
Damages
Under Thai civil and commercial law, a person who causes injury to another’s body, health, liberty, property or rights is bound to compensate the injured party. The compensation aims to place the victim in as close as possible to the position they were in before the wrongful act occurred. This includes paying for medical treatment and restitution of properties as well as compensation for lost income present and future. The court also awards compensation for intangible factors such as pain and suffering.
A reputable personal injury lawyer will help the client define and establish the appropriate damages in their case. It is important that the victim of a personal injury in Thailand seeks legal assistance as soon as possible to avoid losing their claim due to the passage of time. In most cases, it is necessary for the victim to physically appear in court for all hearings, although they can sign a power of attorney to have their lawyer represent them.
Representation
A foreigner who has suffered an injury or illness in Thailand can file a personal injury claim with the courts if they have proof of negligence. A lawyer who specializes in this area of law can help you determine the facts of your case and determine which laws apply to your situation.
The Thai legal system based on tort law stipulates that anyone who wilfully or negligently unlawfully injures another’s life, body, health, liberty, property, or rights is bound to make compensation. The type of compensation awarded varies depending on the severity of the injury and may include expenses and lost income both present and future. Intangible losses such as pain and suffering are generally more restrained than in other jurisdictions, and a reputable Thailand injury lawyer can help you define what is appropriate compensation for your injuries.
The injured party can also sign a power of attorney to have their lawyer file the case on their behalf, but it is usually necessary for them to physically appear in court on at least one occasion to give testimony. This can be challenging for people who live abroad, but a reputable Thailand injury lawyer will help you navigate the process as smoothly as possible.
Time limit
The Thailand Civil and Commercial Code stipulates that if a person willfully or negligently unlawfully injures another’s life, body, health, liberty, property or rights they are bound to make compensation. In most cases a claim is filed within one year of the injury or discovery of the injury.
The court is required to award the injured party compensation that puts them back in the position they were before their injury. This includes paying for their medical expenses, ensuring they are compensated for lost earnings, both present and future, as well as other non-pecuniary losses.
It is also important to take precautions to prevent further injuries or illnesses, such as covering up with long clothing before sunset, sleeping under a mosquito net, and taking anti-malarial medication where appropriate. It is important to speak with a professional lawyer as soon as possible. They can advise on the best course of action and help you file a successful Personal Injury Claim in Thailand.