Tort Cases in Thailand
Understanding Tort Cases
From the above definition, we understand that obligations arise not only from parties bound by contract but also from acts or wrongdoing that result in injury or damage. As compensation for the injury or damage sustained, the responsible person or entity must pay a certain amount. In Thailand, torts fall under the category of wrongful acts or faults.
Proving Fault
For an injured person to be awarded compensation for such a wrongful act, they must be able to prove that the damages suffered were a direct result of the illegal act of the perpetrator. Claims for damages should be submitted as soon as possible.
Importance of a Lawyer
Apart from the relatively short period of one year allowed under Thai law for filing a claim, much of the evidence available to the claimant can efficiently dissipate over time. Having the assistance of a lawyer in Thailand will significantly help your case. Not only will a lawyer be able to assist you in gathering evidence, but they will also ensure that you have all of your other legal rights as provided by law.
Limitations on Damages
Unlike in the West, the damages awarded by the Thai courts are limited to actual pecuniary damages. Thus, it is essential that the injured party or his lawyer document all expenses related to the offense. Moral damages are virtually unknown to the Thai court system. Thai courts very rarely award compensation for moral damages.