It is undeniable that nowadays Thailand is a top world destination for tourism and every year millions of tourists come to places such as Bangkok, Samui, Pattaya, Krabi or Phuket to enjoy a pleasant holiday. Unfortunately, some accidents take place, specially during the transportation of tourists and visitors in car, van, motorbike and specially boat transportation from island to island.
Generally speaking, when an accident takes place in Thailand, the injured in the accident can ask for compensation. We refer to accidents involving vehicles such as car, boat, van or even walking in the street crossing a road.
The regulation is consolidated, Thailand Civil and Commercial Code grants a right for compensation in life, body, health, freedom, property, or any right of the person. Apart from this, the injured can also ask for compensation for any property you lost from the accident.
H&P Lawyers would like to refer to civil and criminal aspects derived from an accident in Thailand.
From a Thai civil perspective, we refer to tort law. You can ask for compensation from the offender, and the court will determine the amount to be paid considering, evidences, circumstances, damages etc.
On this regard, based on H&P Litigation Lawyers experience assisting many injured persons, the medical reports are key evidences in order to obtain a reasonable compensation. In case the medical reports are issued outside of Thailand, we still can use such medical reports but the medical reports should be legalized so we can use it as evidence at the civil court.
From a Thai Criminal perspective, we refer to a person who neglects to perform his duty or does not use any caution and causes damage to the injured person, such as negligently committing an act resulting in the death of another, must be liable for imprisonment.
In a criminal lawsuit, as Thai Law understand that the accident is a crime committed to the state, the public prosecutor will be plaintiff. Nevertheless, an injured person can request to join as Plaintiff in the case and ask for compensation, just exactly like in the civil case. On this regard our litigation lawyers in Thailand work alongside with the public prosecutor in these types of cases.
Based on H&P litigation attorneys experience, some accident cases in Thailand do not need to go necessarily to court and both parties can settle the dispute by engaging their legal representatives in negotiations, specially with insurance companies in Thailand.
In Civil you can always settle by conducting negotiations but in Criminal, as the case is a crime to the state, you cannot settle by negotiating with the counterpart who injured you or caused damages to you.
In our law firm in Thailand, we always advice to engage a lawyer who can represent you, as injured person of accident, and claim damages.
Every year different embassies in Thailand send us a substantial number of clients who need to legal representation to claim damages from boat, car, cruise or van accidents.
If you are a victim of a accident in Thailand and want to ask for compensation, please contact our litigation lawyers in Bangkok at [email protected]