If you are a tourist or foreign national and suffer an injury during your stay in Thailand, you should act fast. Under Thai law compensation is decided by the court and based on various factors including tangible and intangible damages.
It is important that you have a lawyer to help define your losses and determine whether or not you have a valid claim.
Statute of Limitations
According to the Thai law, a personal injury case must be filed within one year from the date of tort and when it becomes known to the injured person (or in some cases, ten years if it is a criminal action). It is therefore important that you contact a Thailand personal injury lawyer promptly to ensure that your claim will not be lost through the passage of time.
Courts in Thailand generally seek to place victims back into the position they would have been had the injury not occurred, and this includes awarding them expenses for medical treatment and damages for loss of income both past and future. Compensation for intangible losses such as pain and suffering is more restrained than in common law jurisdictions, however. It is also worth noting that Thai courts do not award punitive or exemplary damages. These are damages designed to punish and deter people and companies from committing wrongful acts.
Under the Thailand civil and commercial code, if a person causes injury to another’s life, body, health, liberty, property or rights, they are bound to make compensation to the injured party. Compensation aims to return the claimant to the position they were in before the wrongful act occurred and includes expenses and damages for lost income, present and future.
The amount of compensation awarded varies depending on the gravity of the wrongful act and is determined by the court. The most common types of compensation include restitution of properties, medical treatment and compensation for loss of service to a third party.
If you suffer an accident at your accommodation or in the streets of Thailand it is important to contact a professional lawyer immediately. While you can file a personal injury claim by signing a power of attorney, it is usually necessary to appear in person at the hearings. Our Thailand injury lawyers will ensure that you receive the compensation you deserve for your injuries.
If you suffer an accident at your accommodation, in traffic or somewhere else while on holiday in Thailand, you need to contact a Thai lawyer as soon as possible. They will be able to tell you whether your case is eligible under the country’s law and what compensation may be available to you.
Compensation is decided by the court and based on various factors including tangible and intangible damages. In many common law countries compensation for intangibles like pain and suffering can reach astronomical levels. In Thailand, however, awards for these are generally more restrained.
The Thai Civil and Commercial Code stipulates that if any person willfully or negligently unlawfully injures the life, body, health, liberty, property or rights of another he/she is bound to make compensation for the injury. Compensation will depend on the gravity of the act and circumstances as well as the extent of the injuries. However, the Thai conflict rules should also be considered to determine what law governs a particular act or claim when it involves a foreign element.
If you have been injured or made ill in Thailand (or on a cruise ship that docked in Thailand), you may be entitled to compensation. However, the statute of limitations is very short with only one year since the injury or illness took place or you realised that you had been injured.
This means that you must act fast to ensure your claim does not lose validity due to the passage of time. Also, Thai law requires the plaintiff to physically appear in person at court hearings. This can be difficult if you live abroad, but it is possible to sign a Power of Attorney to have your lawyer represent you in court.
The courts seek to place the victim back into the position they were in before the injury occurred and this normally includes expenses for medical treatment and damages for loss of income, past and future. Compensation for intangible factors such as pain and suffering are more restrained than in other jurisdictions, but a reputable injury solicitor can help you define the extent of your losses.