If you are injured on a boat tour or excursion in Thailand that was not your fault you could be entitled to compensation under Thai law. Our professional Thailand injury lawyers are able to help you with your claim.
Generally speaking, compensation aims to put claimants back into the position they were before their injury. It also involves awarding expenses and damages for loss of earnings, both present and future.
If you have been injured on a tour or excursion that was organised through your holiday package, it’s important to report the incident to the local authorities. This is especially true if your injuries were sustained at a hotel, restaurant or other establishment.
If possible, try to preserve any evidence that may be available such as blood smears, photographs or clothing that was worn during the incident. Also, it’s important not to wash yourself or your clothes after an accident as this could affect any forensic evidence that might be present.
Under Thai law, compensation for personal injury is based on the principle that a person who unlawfully or negligently injures another should compensate them accordingly. As is the case in many common law countries, Thailand courts generally award compensation for tangible as well as intangible factors such as pain and suffering. A reputable personal injury lawyer can help their clients define the extent of these damages.
Every year a significant number of tourists fall victim to accidents in Thailand. Some are injured in a boat tour of a southern island, others in cars or vans in hectic Bangkok. In many cases, insurance does not cover the actual injury. These people may consider making a personal injury claim.
According to Thai law, a personal injury claim may be made for any act or omission that causes unlawful and negligent injury to the life, body, health, liberty, property or rights of another person. The offending party is obliged to make compensation.
Intangible damages are awarded for pain and suffering, but in Thailand these awards can be more restrained than in other common law jurisdictions. For example, a compensation award may not include expenses for medical treatment, future earnings and benefits, or lost enjoyment of activities. The Court will assess the appropriate level of compensation for each individual case.
In countries where the legal system is based on common law, damages awarded for personal injury cases can reach astronomical levels. In Thailand, the awards for various intangibles such as loss of consortium and pain and suffering are much more restrained.
Depending on the circumstances, the injured party may also be held liable for damages under the Law of Tort, including expenses for medical treatment and compensation for lost income, loss of work capacity for the present or future as well as losses due to diminished quality of life. Damages to a victim’s family and other legal beneficiaries can also be awarded.
In addition, the injured person might have contributed to the accident, in which case the amount of compensation they can receive from the liable party will be reduced. A professional Thailand injury lawyer should be able to help you ascertain what laws govern a particular case, whether it is a civil or criminal matter.
A personal injury case in Thailand is a civil matter and falls under the umbrella of tort laws. The Thai civil and commercial code stipulates that any person who wilfully or negligently unlawfully injures the life, body, health, liberty or property of another person shall be liable to compensate the victim for his or her damages.
Compensations awarded differ depending on the gravity and circumstances of the incident. This includes expenses for medical treatment, loss of earnings (present and future) and other non-pecuniary losses.
While foreigners can file a personal injury claim in Thailand via a power of attorney, it is essential that the applicant physically appear at all court hearings. This is especially important if the case involves a cruise ship accident or other cases that happen abroad and are outside of the jurisdiction of Thai courts. This is to ensure that the case has a good chance of being a successful one.