Personal Injury Claims empower individuals to pursue justice and fair compensation for harm incurred as a result of the negligence or wrongful acts of others. By understanding the legal framework, seeking expert legal counsel, and diligently documenting their losses, injured parties can navigate this process effectively.
Generally speaking, courts seek to put claimants back into the position they would have been in had their injuries not occurred. This usually involves compensating them for expenses and damages for lost earnings (present and future).
Statute of Limitations
In Thailand, like most countries, there is a statute of limitations for personal injury cases. Typically, the deadline to file your claim is one year from the date of your accident. However, this time frame may vary depending on your situation. For this reason, it is important to consult a professional attorney as soon as possible.
A competent personal injury lawyer in Thailand will help you ascertain which laws apply to your case and define what compensation you may be entitled to. This can include expenses for medical treatment, loss of income and diminished ability to work in the future as well as a sum for your tangible losses. Intangible damages such as emotional distress and loss of consortium may also be awarded.
The Thai legal system is based on tort law, which stipulates that a person who wilfully or negligently causes injury to another’s life, body, health, liberty, property and/or right is bound to compensate the injured party. The law specifies that the injured party must prove that the injury directly stemmed from the wrongful act.
In addition, the injured party must show that the responsible party owed him/her a duty of care and that this was breached. A skilled personal injury attorney in Thailand can assist in gathering and organizing evidence, negotiating with insurance providers and, if necessary, filing a lawsuit on behalf of the injured party.
Damages
In Thailand a personal injury case is known as a tort law claim. It is a civil lawsuit that can be brought against persons who commit a wrongful act causing damage to the plaintiff.
According to the Thai legal system anyone who wilfully or negligently injures another’s body, life, liberty, health, property or rights is bound to compensate the injured party for their losses. This compensation includes both tangible and intangible damages. A personal injury lawyer can help you determine what your true damages are based on the facts of your specific case.
For example, a person who tosses a beer can out a window and hits you in the face with it may be liable for your medical costs and lost income (if applicable). These are measurable and tangible damages that can be easily proven. The courts will usually award similar compensation for other tangible expenses as well. However, unlike in many common law jurisdictions, Thailand’s courts are less likely to award compensation for certain intangible damages such as pain and suffering or disfigurement.
Bringing a personal injury claim in Thailand necessitates a thorough grasp of the country’s legal system and prompt, experienced legal representation. It also requires gathering and organizing evidence including witness testimonies, documents, physical proof and financial documentation. Delaying the legal process risks the loss of crucial evidence. Moreover, filing claims within the one-year timeline dictated by the law is a necessity to safeguard your legal rights.
Filing a Claim
Under Thai law anyone who wilfully or negligently unlawfully injures another’s body, health, liberty, property or rights is bound to compensate the injured party for his/her losses. This compensation generally aims to place the victim back into the position they were in prior to the injury and includes expenses for medical treatment, restitution of property and damages for lost income past and future.
In general, a person seeking to make a personal injury claim must do so within one year from the date of the incident. However, certain claims such as those involving medical malpractice may be classified as criminal cases and have different statutes of limitations. Therefore, it is essential for harmed parties to contact a lawyer as soon as possible in order to avoid having their case barred by the passage of time.
Although pain and suffering is not usually awarded in Thailand, a lawyer can assist in determining the value of your legal claim based on tangible costs such as out-of-pocket expenses such as medical bills and repair receipts as well as intangibles such as loss of quality of life. Depending on the severity of your injuries, your lawyer can also help you to determine whether it is worth pursuing punitive or exemplary damages.
For foreigners, the ability to file a personal injury claim in Thailand depends on the extent to which the accident or injury occurred due to the tortious act of another party. In most cases, a foreigner can sign a power of attorney to have their lawyer file the lawsuit on their behalf in Thailand. However, it is often necessary to appear in court for the first hearing in order to give testimony.
Representation in Court
As personal injury claims require a strong grasp of Thailand’s laws and swift legal representation, it is highly recommended that victims contact a firm that specializes in the field. The legal team will guide them throughout the process, gather evidence, negotiate with insurance companies, and represent them in court if necessary. They will also help define the scope of their case by determining whether it falls under personal injury or transitions into criminal law territory.
Wrongful act cases, known as tort in Thai law, stipulate that anyone who willfully or negligently injures another’s body, health, liberty, property or right is bound to compensate the victim for the damages incurred. Compensation can include various tangible and intangible damages such as medical expenses, property damage, lost income and restitution of private properties. However, unlike many common law countries, Thai courts are less inclined to award exemplary or punitive damages.
For foreigners who are injured in Thailand, it is possible to file a claim by giving power of attorney to a firm and appearing in court on at least one occasion to testify as a witness. In addition to this, a reputable injury lawyer will be able to advise victims on the items they can claim for such as out-of-pocket expenses and medical treatment costs. It is crucial that victims document all losses resulting from their injury.