Thailand personal injury case or simply wrongful act is defined as an act or omission committed by a person willfully or negligently which caused injury to the life, liberty, body, health, property or right of another person. It is also classified under law as ‘tort’ which is based on fault.
The Civil and Commercial Code of Thailand provided that where a wrongful act is committed, the person responsible for the injury is bound to compensate the victim for the same. Normally, in Thailand, the Thai courts determine the amount of damages to be awarded based on the gravity of the wrongful act done. Unlike in some western countries, such amount of damages is limited to the actual loss suffered by the victim. The amount of compensation may include quantifiable amount in cases of loss or damage to properties. It also includes medical expenses as well as past and future loss of earnings if the wrongful act resulted in partial or total disability to work of the victim.
In cases where the wrongful act resulted in loss of life or death, the heirs of the injured can claim funeral and other necessary expenses as well as support for those who are legally entitled to it. Compensation for pain and suffering are not generally awarded in Thailand except in cases of death when non-pecuniary loss is compensated. Compensation may also include restitution of property where the injured party has been unlawfully deprived of his property, or it may include payment of its value in cases where restitution is no longer feasible.
Claims for compensation arising from a personal injury cases in Thailand can be filed in Thai Courts within one year from the date the offended party discovers the wrongful act and the person responsible for the injury or within ten years from the date the wrongful act was committed, otherwise, it shall be forever be barred. However, when the wrongful act committed is punishable under the criminal law of Thailand and it provides for a longer prescriptive period, such longer prescription shall apply.