Personal Injury Claims in Thailand necessitate a thorough understanding of Thai law and meticulous documentation. Under the Thai civil and commercial code anyone who wilfully or negligently causes injury to another person’s life, body, health, liberty, property, or rights is bound to make compensation.
Generally speaking, the courts aim to return the victim to their position before the accident. This includes paying for their medical bills and compensating them for lost work (including future).
Traffic accidents
Like many busy countries, Thailand’s roads are prone to traffic accidents, which can result in serious personal injuries. Injured parties may seek compensation from the perpetrators, but such cases require a thorough comprehension of the legal options open to them. The statute of limitations (prescription period) for filing a claim is shorter in Thailand than it is in many other jurisdictions, which makes prompt action imperative.
A reputable injury attorney can help an injured party define the extent of their losses and receive appropriate compensation. This may include compensation for medical expenses, loss of income and property damage. However, damages for intangibles such as pain and suffering are more restrained than in many Western countries.
Under Thai law, anyone who wilfully or negligently injures another’s body, life, health, liberty, property or right is bound to compensate the victim for the damages caused. Generally speaking, courts attempt to put victims back in the position they would have been had the injury not occurred.
Occupational accidents
An injury caused in the workplace can have far-reaching consequences. It is important to get proper legal advice from an experienced lawyer who can help you navigate the complexities of the Thai legal system. A personal injury attorney can assist you in a variety of ways, including filing a claim and settling disputes with insurance providers.
In general, compensation for a personal injury should place the injured party in the position they would have been had the accident not occurred. This often involves compensating expenses and damages for lost earnings, present and future. However, it is worth noting that pain and suffering is generally not compensated in Thailand.
The number of workers in manufacturing making claims for severe occupational injuries is higher than that of workers in other sectors. Hence, further research is required to identify the factors that contribute to elevated risks for manufacturing workers. This will help in implementing strategies for prevention of injuries.
Wrongful death
If a person commits a wrongful act that causes injury to another person, the law mandates them to compensate the victim. This is according to Section 420 of the Thai Civil and Commercial Code.
This entails compensation to return the victim to their pre-injury state, and may include medical expenses and loss of income. It is advisable to engage a reputable firm with proficient attorneys, such as Juslaws & Consult, in the process of filing personal injury claims.
In cases involving wrongful death, victims’ heirs can claim non-pecuniary damages such as grief and sorrow. However, it is important to note that heirs cannot recover pecuniary damages such as pain and suffering, which are considered by courts as intangible. It is imperative that victims promptly engage a personal injury attorney to ensure the case is filed within the statutory time frame. Failure to do so could result in the disappearance of critical evidence. The scope of damages varies, depending on the gravity of the injury.
Medical malpractice
Although Thailand hospitals often receive good press in news documentaries and flashy brochures, they also sometimes make mistakes. For those who have suffered because of medical malpractice, it is important to know their rights and responsibilities. Generally speaking, a person who has been injured due to a medical practitioner’s negligence can seek compensation for their losses. This is determined through a number of factors, including quantifiable losses and emotional distress.
The legal system in Thailand aims to uphold principles of accountability and justice for people who have been injured due to the wrongful acts of others. However, navigating personal injury claims requires a thorough understanding of the legal framework and expert legal representation. It is crucial that any medical negligence claim be documented meticulously and that physical evidence be gathered as soon as possible. Ultimately, Thai courts aim to place the victim in the position they were prior to their injuries, thus compensating them for tangible loss. However, awards for intangible losses such as pain and suffering are more restrained than in Western countries.
