Personal Injury Claims in Thailand

Personal Injury Claims in Thailand

Under Section 420 of the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property, or rights is bound to make compensation. These damages may include tangible costs such as medical expenses and loss of income, as well as intangible factors such as pain and suffering.

Traffic accidents

Getting injured in Thailand can have far-reaching implications for a person’s physical health, emotional well being, and financial stability. It is essential that injury victims understand their legal options and seek professional guidance to navigate the personal injury claim process. This article explores the legal framework, available options, and potential hurdles for individuals seeking compensation for their injuries.

According to Thai law, anyone who wilfully or negligently injures another’s life, body, health, liberty, property, or rights is bound to make compensation for the damages suffered by the victim. Compensation generally involves expenses for medical treatment and remuneration for loss of income – past and future. However, unlike many common law jurisdictions, Thailand courts tend to be more restrained in awarding compensation for intangible factors such as pain and suffering. This is why it’s crucial to seek the help of a skilled personal injury attorney as soon as possible. This way, they can help you define the extent of your losses and ensure that you receive adequate compensation.

Occupational accidents

An injury caused by a workplace accident may result in severe financial consequences. Fortunately, the victim can pursue civil action to recover damages from the responsible party. Compensation can cover medical expenses and loss of earnings, both present and future. Victims can also claim funeral costs and support for legal beneficiaries. However, Thailand’s court system tends to limit awards for intangible losses such as pain and suffering.

It is essential to hire a personal injury lawyer who has experience handling cases in Thailand. The law firm should understand the cultural and procedural aspects of Thai civil litigation, including statutes of limitations. It should also be aware that Thailand operates under a comparative negligence system, which can affect the amount of compensation awarded to victims. In addition, foreigners may file a lawsuit by signing a power of attorney to allow their lawyer to represent them in the country. However, they must appear at all hearings in person to testify.

Medical malpractice

As Thailand has become known for its medical tourism, it is important to understand the legal system and how it affects personal injury claims. A person who causes harm to another through a wrongful act must compensate the victim for the harm suffered. This is a fundamental principle of Thai law and is reflected in the country’s Civil and Commercial Code.

Malpractice claims can occur in the healthcare industry, and can include misdiagnosis, surgical errors, medication mistakes, and failure to obtain informed consent. A lawyer with experience in medical malpractice cases can help victims and their families seek compensation from doctors and hospitals.

In general, damages for medical malpractice are awarded based on verifiable financial harm, such as loss of income and medical and rehabilitation costs. Intangible losses, such as pain and suffering, may also be awarded. However, these awards tend to be lower than those granted in Western countries. This is because the courts seek to place the injured party in a position similar to their pre-injury state and not above it.

Wrongful death

Wrongful death is one of the most heinous of all forms of personal injury. Under section 420 of the Thai Civil and Commercial Code, a person who causes injury to another that results in death or bodily harm is bound to compensate the victim accordingly.

Courts in Thailand determine compensation based on the gravity of the tortfeasor’s actions and the extent to which they have affected the claimant. They may award quantifiable damages such as medical expenses, loss of earnings (both present and future), and restitution for property damage.

However, unlike in some Western countries, Thai courts do not award damages for intangibles such as pain and suffering or emotional distress. The burden of proof remains firmly on the injured party to demonstrate that a negligent party has breached their duty of care and that this breach directly caused the injuries they have suffered. This is why prompt legal action is essential in Thailand.

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