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Faqs

Personal Injury

Understanding, Level Headed and Shrewd …

It is normally the insurance that covers the expenses occurred from the injury you have sustained from the accident. However, you may not be compensated for everything you have paid for and the time for receive compensation from the insurance may take quite a while. If you have an insurance that covers the expenses, this may not cover the continuous injury that you sustained from the accident itself. Therefore, you should claim for compensation for other expenses incurred for your injury against the person causing your injuries.

It is possible to file a claim for personal injury when you are abroad. This will be done through a someone with the power of attorney in Thailand. It is possible for you not to appear in court but generally and you can appoint a lawyer as an ‘attorney-of-fact’ if necessary.

It is crucial that after the accident that you should have photographs of the injuries you have sustained from the incident. It is also advisable that you take a photograph the place of which the accident happened. The medical expenses that you have suffered, both that has been claimed and not claimed by the insurance. Other documents relating to your loss are also important, for examples, evidence of work leave and income losses.

Courts in Thailand do not take into consideration your pain and suffering to be compensated. Except only in the case of death, where non-pecuniary loss will be awarded.

Compensation awarded to the injured party varies on the gravity and circumstances of each case. The damages that you may claim under a Thai Court are the following:

I. Damage to the Property;

II. Damage towards Life, Body, Health and Liberty; and

III. Continuing Damage stemming from the Incident.

In accidents relating to bodily injury caused by negligence or accident, you may be able to be compensated for hospitalisation costs; loss or income or losses due to the physical disability. Nonetheless, the court is likely to issue its award based on the gravity of the wrongful act done.

You must file your lawsuit within one year from the date that you suffered the injury and you know who should be held liable to pay compensation. It is crucial that fast action is required as the claim may become legally barred by the state of limitations law.

Personal injury claims cover a wide range or injuries and accidents. Under the law, personal injury claims may be claimed when an injury is sustained from an act or omission caused by a person who willfully or negligently caused an injury to another person’s life, body, health, liberty, property or their rights, he is bound to compensate the injured for the damages caused.

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