DAMAGE COMPENSATION THAILAND
How to obtain damage compensation in Thailand
Thai international Law Office Thailand
To obtain what most foreigners expect to be a fair compensation for damages could be not so easy in Thailand.
In fact, unless we are the victims of a crime (see the dedicated section); to obtain a proper compensation, the sufferer of a "civil default", a delinquency or a misconduct, must produce clear evidence of the suffered damage as, for example, medical expenses, days of forced absence from work together with a proof of the received or declared income etc.
Moral damages (non-material damage) is, to the Thai Legal System, a foreign concept
The Thailand Civil and Commercial Code asserts that, when a person committed a felony against another person, causing the latter an injury, they are mandated to compensate the victim for the damages that they may have suffered. In Thailand, damages are decided by the courts. The amount of compensation to be granted is usually defined by the gravity of the felony committed and changes according to the elements of each case. Compensation may be in the form of financial obligation and may also include restitution of properties (revocation of a juristic act) in cases the wrongful act resulted in the privation of one’s property.
TIME LIMIT.
.Requests for compensation must commonly be produced within one year from the day the injury took place. Some exceptions apply, most distinctly where claims also fall under the ambit of the criminal law, wherever the time limit is that prescribed by the applicable (criminal) law, assuming the period of prescription is longer. The law also grants longer time limits if it is not clear who is liable for providing compensation.
FILING A LAWSUIT FROM ABROAD.
A lawsuit can be filed on behalf of an applicant (plaintiff) by power of attorney. However, it is crucial to be aware that claimants usually are required to appear in court to render testimony physically. At least one or two trips in Thailand will be required.
Damage Compensation