Tort (Unlawful Act) Cases
Tort law is a body of law that addresses and provides remedies for civil wrongs not arising out of contractual obligations
From the above definition, we comprehend that obligations arise not only from parties who are bound by contracts, but likewise by acts or misdeeds which result in injury or damage. Because of the injury or damage that results, the person or entity responsible is made to compensate the offended person.
In Thailand, a tort is embraced under the category of wrongful acts or fault. In order for an injured person to be awarded compensation for such wrongful act, he must be able to substantially prove that the damage incurred had been a direct result of the wrongful act of the doer.
Claims for damages must be filed at the earliest time possible. Aside from the relatively short period of one year allowed by Thai laws to file the claim, much of the evidence available to the claiming party may easily dissipate with time. Having the assistance of a lawyer in Thailand will greatly help your case. Not only will a lawyer be able to guide you through the collection of evidence, but will ensure you are afforded all your other legal rights, as provided by law.
Dissimilar to Western norms, damages awarded by Thai courts from torts are limited to actual damages only. Thus, it is important that the injured party or his lawyer document all expenses stemming from the tort. Moral and punitive damages are almost unknown to the Thai judicial system. Very rarely has the Thai court awarded moral or punitive damages.