Personal injury is the Tort Law or Wrongful Acts in Thailand law. It is one of the most frequently asked questions. The primary aims of tort law are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms; it allows an injured person to claim on persons who commit a wrongful act against him in order to mitigate damages. Mostly tort case relate to criminal case but it is not Criminal. It can be dealt with Civil Court of Law. Also, lawsuits involving contracts fall under contract law, not a Tort law. This article gives you basic information about Tort Law Thailand.
Tort covers a wide range of case can be remedied by awarding damages, other remedies may also be available example of torts includes medical negligence, negligent damage to private property and negligent misstatements causing financial loss. In Thailand the injured person may sue for both an injunction to stop the tortious conduct and for monetary damages.
First importance note, under Thailand law, if you are not legal spouse (legal marriage under the law of place you married), parent you have no rights to demand/claims any damages from your a person who commit a wrongful act from your partner or children. You have no rights to claim those personal injury.
Under Thailand law, tort means all actions which willfully or negligently, unlawfully injures not only the life, body, health, liberty and property but also reputation or the credit and any right of another person. The important element of wrongful acts is unlawful action which causes any damage to another. The exercise of a right which only has the purpose of causing injury to another is also unlawful according to the Section 420, 421 and 423 of Civil and Commercial Code (CCC).
In principle a person who creates a tort is bound to make compensation to the injured person. However, sometimes, a legal relation also create a liability for another person’s action. For example, an employer is jointly liable with the employee by his employment, if damage is caused by an animal, the owner or the person who undertakes the animal is bound to compensate the injured person for the personal injury (Section 425, 433 of CCC) etc.
It isn’t only people mentioned above who are bound to make the compensation but also a person who instigate or assist in a wrongful act are jointly bound to the compensation too.
Although, a minority or unsoundness of mind is liable for the consequences of his tort! In this case, the parents or the guardian are jointly liable with such tort, unless they or he can prove that proper care in performing his duty of supervision has been extended (Section 429 of CCC).
The Compensation may include restitution of the property or its value as well as damages for any injury caused. The Court will determine the compensation according to the circumstances and the gravities. However, sometimes, the damages may be contributed by an action of the injured person, in this case the action of the injured person will be determined for compensation (Section 438 and 442 of CCC).
The compensation set by court order is based on truth damages which easy to see plus some small mental damage. Check it out with your tort lawyer!
All personal injury lawsuits must be filed to Court within 1 year from the date of tort AND the person who is bound to the compensation became known to the injured person OR ten years from the date of tort was committed. But, if the action is also a criminal case, the longer prescription shall apply Section 448 of CCC). Longest prescription of criminal case under the Criminal Code of Thailand is 20 years. Best check out with your tort lawyer for prescription!
If you are preparing for personal injury lawsuits, you need to be well organized for your trial. Further information about personal injury law in Thailand or you are in need of a personal injury lawyer, We Can Help. just fee free to contact us.