An Overview of Personal Injury Claims in Thailand
Key Takeaways
- Governing Law: Personal injury claims in Thailand are primarily regulated under the Civil and Commercial Code, which imposes liability on anyone who negligently or willfully causes harm.
- Compensation Coverage: Awards typically include reimbursement for current and future expenses, ranging from treatment and transportation costs to lost earnings and diminished career prospects, based on the severity of the injury.
- Timely Action Required: Claimants must file within one year of discovering the wrongful act (or within ten years of the incident), making early legal consultation essential to preserve evidence and secure fair compensation for the damage caused by the wrongful act.
Personal Injury Claims in Thailand
While Thailand is indeed a safe country, accidents still occur. Accidents caused by another party’s negligence can lead to numerous issues, both health-related and financial. To this end, the team at WSR Law has drafted this overview to ensure you are aware of your rights to compensation resulting from negligence.
Legal claims for personal injury in Thailand are primarily governed by Thailand’s Civil and Commercial Code (the “CCC”) and the various civil law principles embedded within the legal system of Thailand.
The Civil and Commercial Code
Under the CCC, claimants can file a lawsuit seeking damages for personal injury caused by another party.
Section 420 of the CCC states that any person who, through wilful or negligent actions, unlawfully injures the life, body, health, liberty, property, or any right of another, commits a wrongful act and is obligated to provide compensation to the damaged parties.
What Damages Can be Claimed?
Under the CCC, a court in Thailand can grant a monetary award when a claim is successfully proven to be caused by the negligent or wrongful acts of another party.
Compensation for personal injury generally includes reimbursement for expenses incurred due to the injury as well as damages for temporary or permanent work limitations, both now and in the future. This often covers costs such as transportation for essential treatment and the financial impact of lost earnings, missed work opportunities, or hindered career advancement resulting from the disability caused by the wrongful act.
Throughout court proceedings, the judge will determine the manner and extent of compensation to be awarded based on the circumstances and the severity of the alleged wrongful actions.
Can a Claim be Dismissed?
Under the CCC, a claim for damages must be made within one year from when the claimant first became aware of the wrongful act and the party responsible, or within ten years of when the wrongful act occurred.
An important aspect of personal injury litigation in Thailand is the statute of limitations, which sets a strict deadline for filing claims.
Acting promptly is critical, as delays might jeopardize your claim. Furthermore, the burden of proof lies with the claimant, who must gather sufficient evidence, such as medical reports, photographs, witness statements, and, where necessary, expert testimony, to demonstrate that the defendant’s actions (or inactions) directly led to the injury.
What Are the Next Steps?
If you believe you have suffered injuries due to someone else’s negligence or misconduct in Thailand, it is crucial to consult a qualified legal professional as soon as possible.
Early legal intervention helps ensure that vital evidence is collected and preserved, significantly improving your chances of receiving fair compensation.
How Can WSR Law Help You?
WSR Law’s experienced lawyers can guide you through the complexities of personal injury law, assessing the merits of your potential case, explaining your rights and possible compensation, and navigating strict statutory deadlines.
Reach out to WSR Law’s team today for a confidential discussion.
