Under Thailand’s Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures another person’s body, life, health, liberty, property or rights is bound to compensate them. Compensation generally aims to place victims back into the position they would have been in had the injury not occurred, including covering expenses and loss of future earnings.
The civil and commercial code stipulates that any person who wilfully or negligently causes unlawful injury to another’s life, body, health, liberty, property, and/or rights is bound to compensate the victim. This compensation aims to place the injured party back in the position they were in before the wrongful act. It includes expenses for medical treatment, a sum to cover lost earnings (present and future), and a sum to pay for non-pecuniary damages like pain and suffering.
In addition, the responsible party is obligated to reimburse funeral expenses and provide support for the legal beneficiaries of the deceased. The extent of the damages can be determined by a professional Thailand injury lawyer, who can help their clients define what they deserve. Generally, the amount of compensation awarded is more restrained than in Western countries. This is because there must be a clear link between the negligence and the injuries sustained. This requires thorough evidence gathering including witness testimonies and physical evidence.
Accidents and injuries have a profound impact on physical health, emotional well being and financial security. When these accidents and injuries are the result of someone else’s wrongful actions or negligence, victims are entitled to compensation.
Under Section 420 of the Thai Civil and Commercial Code, anyone who unlawfully injures another person is bound to make compensation. Compensation is generally based on a number of tangible costs, including expenses for medical treatment and loss of income. Intangible factors such as pain and suffering are also considered but awards tend to be more restrained than in some common law countries. A reputable injury lawyer can help clients define the extent of their damages.
In most cases, a claim must be filed within one year of the injury or the victim’s knowledge of the tortfeasor. This period is known as the statute of limitations or prescription. If a lawsuit is not brought within this time, it will be barred.
While Thailand has a vibrant culture that aims to provide a safe and secure environment for its visitors, incidents can still occur in traffic accidents or within the workplace. This can result in personal injuries that lead to compensation claims. In such cases, it is imperative to seek legal guidance from professionals who understand the country’s laws and the complexities of personal injury cases.
A lawyer should help injured parties document the incident and gather evidence. This could include eyewitness accounts, documents, and video footage. Additionally, a lawyer can file a police report on behalf of the injured party.
According to Thai law, a personal injury case must be filed within one year of the date of the accident or injury. This is known as the statute of limitations or prescription period. This is a shorter time limit than in many other countries. This makes it important to consult a professional as soon as possible in order to avoid losing a claim due to the passage of time.
Personal Injury Claims in Thailand allow victims to pursue compensation for wrongful acts committed against them. The process requires prompt action, careful documentation, and experienced legal representation. Choosing an attorney who works on a contingency basis ensures that attorneys are only paid if their clients receive compensation, which lessens the financial burden of pursuing a claim.
Thai courts seek to place the claimant back in the position they would have been in had the wrongful act not occurred, including awarding expenses and damages for lost income, present and future. They may also award compensation for intangibles such as pain and suffering, although these awards are generally more restrained than those awarded in common law countries.
It is important to file a lawsuit as soon as possible in order to ensure that the statute of limitations does not expire. This is because the process is a civil case, and if it is not filed within one year from the date of the tort or when it became known (or ten years for criminal cases), the claim will be barred.