Personal injury in Thailand law is the Tort law, a civil case for wrongful act 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.
The primary aims of tort aw are to provide relief for the harm suffered and deter other potential tortfeasors from committing the same harms. In Thailand the injured person may sue for both an injunction to stop the tortious conduct and for monetary damages.
In principle a person who creates a tort is bound to make compensation to the injured person. However, sometimes a person has 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 (Section 425, 433 of CCC) etc.
Whether enforcing or defensing side, we give 5 simple steps how to prepare for litigation and trial in Thai Court. An idea to be well-organized from the first meeting with a lawyer until the end of the case. Preparation of facts and evidences, Thailand court proceedings, costs and timeframe, importantly the burden of proof and standard of proof.
“In civil cases, the standard of proof is met if the party with the burden of proof can adduce evidence to support that his claim is more probable than not, or there is greater than 50 percent chance that the claim is true” (Dr Suthathip Joonlamon: Thai Judge Examination 15 June B.E. 2556)