Personal Injury

Personal Injury in Thailand

In Thailand, the law mandates that any person who, willfully or negligently, infringes upon another's rights, property, liberty, life, or bodily integrity must compensate the injured party for the harm caused. This legal principle applies universally, including situations involving foreigners within Thai jurisdiction. When such cases involve a foreign element, the Conflict of Laws Act becomes relevant, guiding the legal process to ensure fair and appropriate jurisdiction and application of law.

Specifically, if an individual's human rights are violated, the perpetrator is subject to the laws of the country where the violation occurred. The victim has the right to seek compensation for damages resulting from this breach. Among the legal protections available in Thailand is the legislation concerning Wrongful Acts, designed to safeguard individual rights and provide recourse for victims.

Understanding your legal rights and responsibilities is crucial, particularly when traveling abroad. In the event of an incident where liability is uncertain, it is vital to seek immediate legal assistance. Engaging a reputable law firm, staffed by knowledgeable and experienced lawyers proficient in English, is particularly important in countries like Thailand, where English is not the first language. This ensures that you can navigate the local legal system, which may significantly differ from that of your home country in terms of legal definitions, court proceedings, and the roles of legal professionals.

For foreigners, finding a law firm like Juslaws & Consult, known for its expertise in representing international clients and its team's fluency in English, is essential. Their ability to bridge the gap between Thai and foreign legal systems can be invaluable in ensuring that your rights are protected and that you receive competent legal guidance.

Legal Protection 

The Civil and Commercial Code of Thailand enforces laws that safeguard human rights, as detailed in the chapter on torts or wrongful acts. Central to this is Section 420, which declares: "A person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property, or any right of another person, commits a wrongful act and is obligated to compensate for the harm caused." Personal injury refers to the unlawful and negligent infliction of harm upon another individual. Foreign nationals in Thailand frequently find themselves targeted by schemes that jeopardize their life, health, and freedom. Should you or someone you know become a victim of such circumstances, it is crucial to report the incident and familiarize yourself with your legal rights. If uncertain, seeking a lawyer who can offer legal representation and elucidate your rights and obligations in accordance with Thai law is imperative.

Compensation Under The Law in Thailand

If you are the victim of such an offense, you have the right to claim compensation or damages. Under the Civil and Commercial Code of Thailand:

“Section 438. The Court shall determine the manner and the extent of the compensation according to the circumstances and the gravity of the wrongful act.

Compensation may include restitution of the property of which the injured person has been wrongfully deprived of its value as well as damages for any injury caused.”

This section of the law stipulates the amount of compensation the damaged person or the victim may seek against the liable person in order to establish clear grounds between the two parties. Another issue that is common in Thailand is Real Estate Disputes. Particularly when foreigners purchase property in Thailand, this tends to be common. Disputes may arise due to language barriers, unlawful purchasing procedures, or the dishonesty of sellers, for example. According to the Consumer Protection Board, complaints about real estate development companies are on the rise, involving misleading advertisements, sub-standard material and workmanship, and construction delays or contract breaches.

Personal Injury Lawyers in Thailand

In Thailand, the most frequently encountered type of personal injury claim, particularly among tourists and foreign nationals, pertains to accident claims. These incidents extend beyond car accidents, encompassing injuries sustained at accommodations or in public spaces. Should you experience any form of personal injury in Thailand, it is crucial to consult with a Thai personal injury lawyer skilled in managing such cases. While many law firms possess staff experienced in personal injury claims, at Juslaws & Consult, we possess the requisite expertise to adeptly handle your personal injury case.

You may be eligible for compensation under Thai law for your injuries. Engaging a proficient attorney and leveraging the available legal services is the most effective strategy to ensure you secure your rightful compensation. No matter the nature of the accident or injury you've encountered, reaching out to Juslaws & Consult guarantees you have a formidable attorney by your side throughout your personal injury claim process. Our accident and injury lawyers are highly skilled and bring extensive experience to the table, ensuring that through strategic legal advice and litigation, you are awarded the compensation you deserve for your injuries and suffering.

Suffering due to someone else's actions naturally leads to considering legal recourse as a means to reclaim some control. A personal injury lawyer from our firm provides customized services tailored to meet the unique needs of our clients. Navigating Thai courts can be challenging, making it imperative to find a lawyer who aligns with your needs. Our firm boasts specialized knowledge in the procedural aspects unique to Thai courts regarding personal injury representation, ensuring the highest likelihood of a successful outcome in your case.

Personal Injury Claims in Thailand

Individuals seek personal injury lawyers for a myriad of reasons: work-related injuries, medical malpractice, road accidents, and more. No matter the specifics of your situation, a personal injury attorney is instrumental in ensuring you secure the compensation you rightfully deserve. At Juslaws & Consult, we boast a team of adept Thailand personal injury lawyers who are committed to resolving your claim within the Thai legal framework. We recognize the challenges foreign tourists face when navigating a lawsuit in an unfamiliar legal system, particularly when there is a language barrier. To address this, we ensure our clients have access to English-speaking lawyers who can demystify the complexities of Thai courts and elucidate the distinctions between Western and Thai legal practices.

Personal injury cases can also stem from abuse, illness, or accidents caused by another's negligence. As personal injury lawyers in Thailand, we are dedicated to providing top-tier legal services. It's important to note the statute of limitations for personal injury claims in Thailand, which is typically one year from the date of the incident. Exceptions exist, particularly for cases that intersect with criminal law, which are then managed by a criminal lawyer. Prompt engagement with a personal injury lawyer is crucial due to the intricacies of Thai law and to ensure your claim is filed within the statutory time frame.

Similar to other jurisdictions, Thai law aims to compensate the injured party in a manner that restores them to their pre-injury state, without unjust enrichment. Compensation calculations include medical expenses and lost income, among others. A personal injury attorney plays a vital role in delineating the scope of damages. It is advisable to seek legal representation from a firm with specialized personal injury attorneys on staff, like Juslaws & Consult, to navigate these legal waters effectively.

Consideration for Legal Representation

While personal injury lawyers adeptly handle claims related to personal injury and property damage for individuals, the landscape shifts significantly for corporate and commercial law, especially when property damage impacts corporate entities. In such instances, the situation may escalate into the realm of criminal law, beyond the purview of civil legal assistance. The specific nature of the legal issue critically determines the type of legal representation required.

The severity of personal injury also plays a crucial role in determining whether personal injury lawyers in Thailand are equipped to manage individual cases alone. Complications may emerge if health insurance fails to cover necessary treatments. Witness testimonies are invaluable in these scenarios, applicable to both corporate and personal cases. It's important to be aware of the filing deadlines for legal actions. A law firm can assist in discerning whether your case falls under personal injury or transitions into criminal law territory.

A paramount piece of advice, applicable to both personal and corporate claims, is the importance of securing a lawyer who offers services in English. Overcoming a language barrier is a significant challenge, particularly in legal contexts where clear communication between a lawyer and their client is essential. Engaging a lawyer who can not only represent you effectively but also communicate intricate legal details in English is crucial. This ensures you're fully informed and can make educated decisions without the risk of misunderstanding legal documents or agreements. Such a lawyer can significantly alleviate the stress typically associated with navigating legal matters abroad. At Juslaws & Consult, we offer the expertise of lawyers who can provide this level of communication and representation, ensuring clarity and peace of mind for our clients.

Summary


At Juslaws & Consult, we hold the sanctity of life in the highest regard. Our guiding principle is to ensure that your protection and well-being are always at the forefront. If you're facing challenges related to personal injuries or similar issues, we urge you not to hesitate in reaching out to us.

With extensive experience in assisting clients through their personal injury claims and disputes, we are confident in our ability to provide you with the expertise and support you need. Our team's proficiency and long-standing experience in managing such cases equip us to offer you exceptional legal guidance and representation.

Should you require a consultation with one of our lawyers or consultants, we invite you to contact us without delay. We are prepared to assist you promptly, ensuring that your concerns are addressed with the utmost care and professionalism.