If you’ve been injured due to someone else’s wrongful act or negligence, it is your legal right to seek compensation. But navigating the Thai legal system can be difficult. Language barriers, unfamiliar procedures, and cultural differences are common.
Sociolegal theorists have long argued that state law operates by interacting with and responding to nonstate legal orders. But this article examines how those two ways of imagining the landscape of law are linked in contemporary Thailand.
Statute of Limitations
The time limit for filing a personal injury claim is one year in Thailand, which means it is critical to take prompt action. This is particularly true in cases involving foreign nationals, who may not be familiar with the local legal system or its terminology. Also, physical evidence and witness testimony can deteriorate with time.
Compensation is determined by a court based on various factors including tangible and intangible damages. These include medical expenses, lost income and diminished future earning capacity. Intangibles such as pain and suffering, however, are generally not awarded at the same level in a Thai court case.
A reputable law firm that specializes in personal injury claims is the best choice to handle your claim in Thailand. It will ensure that all necessary steps are taken in a timely manner and that your case is handled fairly and within the legal framework of the country.
It is important to keep all receipts for any expenses related to the accident, including hotel and restaurant bills and transportation costs. In some cases, this information can be used to support a claim for reimbursement. Additionally, it is advisable to record any conversations that you have with the other party involved in the incident. This will help to establish their credibility and will be useful in the event that you need to take the matter to court.
Statute of Repose
A person who wilfully or negligently unlawfully causes injury to another may be required to compensate them. Compensation is intended to place the victim back in the position they were before the incident and can include expenses for medical treatment, loss of income and pain and suffering. Intangible damages such as emotional distress are also awarded but tend to be less than in common law jurisdictions.
Thailand is a major medical tourism destination and while the country’s top private hospitals boast foreign trained doctors and state of the art equipment, accidents do happen. Injuries resulting from medical malpractice can be life threatening and are subject to civil and criminal laws as well as professional regulations.
To successfully bring a claim for medical negligence, the injured party must prove that their doctor breached their duty of care and that this breach caused injury or death. This is a complex task and requires comprehensive evidence including detailed medical records, expert witness testimony and physical evidence. A reputable injury lawyer will help to gather this evidence and ensure that it is filed within the statute of limitations.
It is important for anyone who has been injured in Thailand to seek legal assistance as soon as possible. This will prevent the loss of vital evidence and increase the chances of a successful verdict. A reputable injury attorney will be able to assist with filing a legal claim, understanding the Thai legal system and providing comprehensive support throughout the litigation process.
Restitution of Property
The Thailand Civil and Commercial Code sets the foundation for personal injury claims, mandating that any person who wrongfully causes another harm must compensate the victim. Compensation is determined by the courts and reflects the gravity of the wrongful act, including any resulting loss of property.
A common example of a wrongful act is a real estate dispute, which can result from misleading advertisements or faulty materials. Product liability is also a common claim, particularly with faulty or unsafe goods sold to consumers.
In cases where a person’s property bears the brunt of a wrongful act, compensation for repair or replacement becomes an integral component of the total compensation. Restitution of property may include reimbursing the costs associated with a wrongful loss, as well as recompense for lost profits due to property deprivation.
The scope of compensation for personal injuries varies depending on the nature of the injury, with courts generally focusing on repayment of actual losses and not compensating for “pain and suffering.” Moral damages are rare in Thai law, while punitive damages are almost never awarded.
Pursuing a personal injury case in Thailand requires extensive legal knowledge and familiarity with local procedures. Working with a proficient attorney is an effective strategy to guarantee that all required evidence is collected and analyzed within the legal timeframe, and that proper compensation for your injuries is secured.
Damages
A person who wilfully or negligently causes injury to another person’s life, body, health, liberty, property or rights is mandated by law to make compensation to the injured party. The amount of the compensation varies and is determined by the courts. In general the court seeks to place the injured party back into a position that they were in before the injury occurred including paying for all medical bills and restitution of property. Intangible losses such as pain and suffering are often awarded in Thailand but are more restrained than in some common law countries.
If you have suffered injury, illness or loss in Thailand due to another person’s actions it is important that you find a trustworthy and legitimate personal injury lawyer in Thailand. The law in Thailand is complex and there are many nuances that must be considered. The right attorney can help you determine whether your case falls under personal injury or transitions into criminal law territory. They can also assist you with filing a civil suit and collecting evidence as well as navigating the complex procedures of Thai courts.
Whether you are a resident of Thailand or are a foreigner seeking compensation from a Thai defendant for a tort committed against you, you will need to appear in court on at least one occasion to testify on your behalf. However, it is possible to sign a power of attorney to have your legal team file the lawsuit on your behalf.
