Personal Injury Claims

Thai Personal Injury Laws, How They Relate to Foreigners, and How to File a Lawsuit

Thailand’s tort laws allow for personal injury claims and filing civil suits for compensation, as defined under section 420 of the Thai Civil and Commercial Code (TCCC). Both Thai and foreign citizens are permitted to file lawsuits for personal injury claims, and they can be made against other individuals or legal entities, such as businesses.

This guide explains the nature of personal injury claims in Thailand, the process of filing a civil suit, and other important information foreigners should be aware of if they are involved in such a case.

Personal Injury Law in Thailand

Personal injury claims can be used as a basis for civil lawsuits in Thailand. Such claims are typically made as the result of accidents, abuse, assault, or even the transmission of disease or infection.

Common personal injury claims in Thailand include:

• Medical malpractice cases
• Injury caused by occupational hazards
• Criminal negligence
• Defective or faulty products
• Car, truck, or motorcycle accidents

Thai personal injury law allows the wronged party to file criminal charges as appropriate and a civil suit to seek compensation from the perpetrator. If the injured party passes away or is otherwise unable to file a lawsuit, a family member can make the personal injury claim on their behalf.

Compensation for such lawsuits usually takes the form of medical expenses, property replacement costs, and money for lost income, but the court will hear arguments for alternative compensation for the wrongful act.

Civil Action for Personal Injury in Thailand

These claims are handled by civil suits, which are handled in separate courts but can be filed at the same time as criminal charges. Virtually anyone can file a civil suit (or have one filed on their behalf), Thai citizen or otherwise, but all court proceedings are done in the Thai language. This, coupled with the fact that the Thai courts are complex, means that foreign citizens filing lawsuits in Thailand need a bilingual personal injury lawyer who has experience representing non-Thai citizens in personal injury claims.

Lawsuits in Thailand can be filed against both individuals and organizations, such as businesses. However, if the actions of an organization have harmed multiple people through negligence or defective products, a Thai class action lawsuit is a more appropriate remedy than an individual civil suit.

How to File a Personal Injury Lawsuit in Thailand

For detailed step-by-step instructions, refer to our guide on how to file a lawsuit in Thailand.

The general steps for filing a personal injury claim suit in Thailand are as follows:

1. The plaintiff files a claim with the Thai civil court located in the defendant’s domicile or where the incident occurred.
2. The plaintiff and their personal injury attorney collect evidence to support the injury claim against the defendant, such as government or medical records, insurance forms, testimonials, and witness statements. 
3. The plaintiff’s lawyer presents the case to the Thai court, and the defendant has a chance to respond.
4. Before and during the trial, both parties have the option of negotiating to reach a settlement that avoids a costly and lengthy court case. 
5. If no settlement is reached, the case will go to a trial, during which the collected evidence will be presented.
6. The court will review the evidence and the arguments from both sides, and the presiding judge will make the final ruling. If either side is not satisfied with the results, they can apply for an appeal.

If the plaintiff wins the case, the judge will determine how much compensation the defendant must pay and how they must do it.

What Foreigners Need to Know about Personal Injury Claims in Thailand: an FAQ

Here are some of the most common questions that Siam Legal’s litigation lawyers get regarding injury claims.

Can claims for injury compensation be brought in Thailand?

Yes, anyone in Thailand can file a lawsuit for compensation as a result of personal injury, regardless of nationality, as long as the incident occurred in Thailand.

How much can you get for bodily injury cases in Thailand?

Thai courts typically award compensation to restore the plaintiff’s condition to before the injury occurred. This compensation takes the form of expenses for medical treatment, restoration of property, the loss of earnings both present and future, and more.

If, at the time of judgement, the court feels it cannot precisely establish the actual consequences of the injury, it may reserve the right to revise its decision for a period of no more than two years.

It is important to note that Thai courts generally restrict the award of damages to actual losses and do not usually award damages for such 'intangibles' as pain and suffering, disfigurement, emotional shock, etc. If such damages are awarded, they are not likely to be substantial.

Is it possible to bring an action for injury while outside Thailand?

Yes, claims can be filed with the court on behalf of the plaintiff by way of a power of attorney, but plaintiffs are usually required to physically appear in the Thai court to provide testimony.

What is the statute of limitations for personal injury claims in Thailand?

Claims for compensation must generally be brought within one year of the day the injury took place. Certain exceptions apply, most notably where claims also involve criminal acts, where the time limit is that prescribed by the applicable criminal law, assuming the period of prescription is longer. Thai law also provides longer time limits if it is not clear who is responsible for providing compensation.

Does Thai law allow personal injury claims due to negligence?

Yes, injury caused by negligence is grounds for a civil suit in Thailand. Plaintiffs can sue people as well as businesses if they were injured due to the defendant not exercising a reasonable amount of care or derelicting their duty. Even if the injuring incident was an accident, those responsible can still be sued by the injured person.

Retain a Reliable Personal Injury Attorney in Thailand

Siam Legal, a full-service law firm and visa consultancy, has been representing foreigners in Thailand in both criminal and civil cases for over 20 years. We have deep knowledge of Thai tort law and personal injury rules, and we have specific experience representing foreigners of all nationalities and backgrounds.

If you’ve been injured due to the malice or negligence of another party, partner with our experienced personal injury lawyers. We’ll help gather evidence to build your case, mediate a settlement if you wish to avoid a lengthy lawsuit, and if necessary, represent your case in court before a judge.

Should you stand accused of causing such injury, our team will build a defense that protects your rights and ensures justice is served.

Contact Siam Legal today for expert representation for your personal injury case and give yourself the best chance at a successful lawsuit and maximum compensation.