A Personal Injury Claims lawyer can help you to get the compensation you deserve for injuries caused by someone else. This includes medical bills and lost income (past and future).
The Thai Civil and Commercial Code states that anyone who wilfully injures another’s life, body, health, liberty, or property is bound to make compensation. This obligation carries a one-year statute of limitations or “prescription” period.
Proving Negligence
The legal framework that governs Personal Injury Claims in Thailand revolves around a concept known as negligence. As outlined in the Thai Civil and Commercial Code, anyone who wilfully or negligently unlawfully causes injury to another person’s life, body, health, liberty, property or rights is bound to compensate that person for any resulting losses. Compensation amounts typically include expenses for treatment, restitution of any property lost and a sum that pays for past and future loss of income.
In order to prove negligence, the injured party must demonstrate that the tortfeasor had a duty of care and breached that duty in causing their injuries, and that the breach directly caused their losses. Proving a breach of duty is an intricate process that requires detailed documentation and expert medical testimony.
As a result, it is vital that injured parties retain an experienced attorney to assist them with their case. Choosing an attorney who is well versed in the Thai legal system and culture can significantly improve a person’s chances of successfully filing a Personal Injury Claim. A qualified attorney can help with the collection of evidence, conduct pre-litigation negotiations and file a lawsuit on behalf of their client. They can also facilitate the discovery process and protect a person’s legal rights throughout the litigation process. In addition, they can help determine how much compensation a victim is entitled to receive based on the severity of their injuries.
Filing a Claim
In the Thai legal system, those who are injured by another party’s careless actions can pursue compensation for their losses. However, successfully obtaining damages for a personal injury claim necessitates a thorough comprehension of Thai law and meticulous documentation. For this reason, seeking legal guidance early on is crucial.
Under Thailand’s Civil and Commercial Code, anyone who wilfully or negligently unlawfully injures someone else’s body, health, liberty, property, or rights is bound to compensate them for their losses. This compensation typically includes expenses for treatment and restitution of property, as well as sums compensating for lost income past and future. It may also include compensation for intangible factors such as pain and suffering.
A wide range of cases can qualify as personal injury, including car accidents, work-related injuries, medical malpractice, and more. These types of claims can be complex and require expert medical testimony and other evidence. Ultimately, successful personal injury lawsuits hinge on demonstrating that the defendant breached their duty of care, which led to an accident that caused injury or harm.
This means that if the victim contributed to the accident, even slightly, they can have their compensation reduced. Regardless, it is important to seek legal assistance as soon as possible, to avoid a delay in filing and a loss of vital evidence. An experienced attorney can help you file a claim and build your case.
The Statute of Limitations
Under Thailand’s civil and commercial code, anyone who wilfully or negligently unlawfully injures another person’s body, health, liberty, property, or rights is bound to compensate them for the damage suffered. Compensation typically aims to place the injured party back into the position they were in prior to their injury by providing expenses for treatment and restitution of property as well as a sum to cover lost income both past and future. Intangible factors such as pain and suffering are less likely to be awarded than in common law jurisdictions.
Victims should seek legal representation promptly to ensure that the statute of limitations does not expire before their claim is filed. In addition, it is important that all evidence, including witness testimony and documents, is collected and organized as soon as possible so that it can be presented to the courts.
Pursuing a personal injury claim in Thailand requires a thorough comprehension of the country’s legal system and prompt, experienced legal counsel. A reputable injury firm can assist in discerning whether or not the case falls under civil or criminal law, define the scope of the victim’s losses, and file the appropriate legal actions in accordance with Thai laws.
Victims who are not residents of Thailand may still be able to file a personal injury claim by signing a power of attorney for their lawyer to file the lawsuit on their behalf. However, it is generally necessary for the claimant to appear in court on at least one occasion to give testimony.
Representation
People who suffer injuries or loss of property as a result of another’s wrongful act may file Personal Injury Claims in Thailand. This type of claim is governed by tort law, and the plaintiffs must prove that the defendant’s actions directly caused their injuries. This can be a complex process, and it is vital to consult with a lawyer who is experienced in personal injury cases in Thailand.
According to the Thai 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 for the damages suffered. Compensation typically includes expenses for medical treatment and restitution of any lost properties. It also covers past and future loss of income, and sometimes intangible losses like pain and suffering.
Foreigners who are victims of Personal Injury Claims in Thailand can generally sign a Power of Attorney to have their lawyers file the claim on their behalf. However, they will still be required to appear in court on at least one occasion to give testimony.
Although the statute of limitations for Personal Injury Claims in Thailand is one year, it’s important to consult with an experienced lawyer promptly. This will ensure that the lawsuit is filed within the prescribed period and that all necessary evidence is collected. In addition, a lawyer will assist with the negotiation of compensation with the defendant and help the injured party get maximum compensation for their losses.