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Thailand Personal Injury Claims

The statute of limitations (prescription period) or time limit for filing a personal injury claim is often shorter in Thailand than it may be in other jurisdictions. In many cases, but not all, personal injury cases must be filed within one year from the date of a personal injury. This means that fast action is required or claim could be lost through passage of time.

Normally a case to recover compensation for injuries or breach of contract is a civil case. However, suing an individual, juristic person or government agency may be a civil or criminal case or both depending on the circumstances.

As with almost all countries, it is very important that all evidence, including witness testimonies, documents, and physical evidence be acquired and organized as soon as possible.

In many Western countries such as the United States, United Kingdom, Australia and other common law jurisdictions, damages for various intangibles such as loss of consortium, pain and suffering, disfigurement and emotional distress, can often reach astronomical levels. In Thailand awards for intangible damages for a personal injury case may be more restrained. Nevertheless an individual who has been injured is entitled to the right to compensation for your damages and sometimes more based on pain and suffering, loss of consortium and other intangibles.

A foreigner who has been injured in Thailand, but is not a resident there may still be able to pursue a personal injury claim by signing a Power of Attorney to have a lawyer file on their behalf.  However it is usually necessary for the injured party appear in court in Thailand on at least one occasion to give testimony.