Personal Injury Claims
Personal injury means a person is physically, emotionally, or economically injured due to the negligence or wrongful act of another person. The injured person has the right to demand compensation and other remedies mentioned in the law. These claims by the injured person are called personal injury claims. Personal injury cases proceed under the Personal Injury Laws. These are civil cases based on the compensation of money and other remedies in the law.
Let’s take an example for a better understanding of Personal Injury Claims; A person was shopping in the shopping mall and slipped from the wet floor. The person faced body injuries. It was found that the management has cleaned the floor with soap but did not mention any board of warning or Alert, etc. In this case, the management of the shopping mall is responsible to pay the damages to the injured person. The injured person has the right to file a personal injury claim against the management of the shopping mall.
In Thai Land, the victims of personal injury cases can file the claims within one year (start from the day of injury). If you or your loved one is injured due to the wrongful act or negligence of another person then you can file the suit in Thai courts within one year.
civil litigation
Remedies against personal injuries:
Thai courts have different procedures to award the remedies as compared to the west courts. For example, In the United States of America, an injured person can claim economical (financial loss) and non-economic loss (depression, pain, and suffering). In Thai land, the court does not award the remedies of pain and suffering, depression, emotional distress, etc. The court only tries to compensate for those damages which are important and effective for justice. For example;
1. Compensation for medical bills
2. Compensation for lost or damaged property
3. Past and future lost earnings
4. Other tangible losses caused by the injury
If the victim has died due to the wrongful act or negligence of another person then the legal representative of the deceased can recover the damages and file the personal injury claim suit. They can claim for the following remedies;
1. Funeral cost
2. Loss of companionship
3. loss of financial support
Wife, children, parents, and siblings can also file the suit of personal injury claim to demand the claims against the death of the victim. They can separately file the suit against the offender.
Procedure to File a Personal Injury Claim suit in court:
If you faced personal injuries due to the wrongful act or negligence of another person then it is your legal right to file the personal injury claim suit in court. You can file the suit in Thai courts by mentioning all the essential elements of the claim. For example cause of action, injuries, material facts, etc. The court will consider these essential elements and then send the notice to the defendant to submit the written statement within the given time mentioned in the notice. After the submission of facts, evidence, and witnesses by both parties the court will consider it and give the judgment on merit. In Thai law, the burden of proof is on the defendant. He has to prove his innocence and justify before the court that he is not involved in any illegal activity.
The cases of personal injury claims are difficult to proceed with as the court gives judgment on strong facts, evidence, and arguments (define how the party was injured and what should be the compensation), etc. In these cases, it is important to hire a personal injury lawyer. He will help to proceed with the case in court and recover all the remedies from the accused. A personal injury lawyer will also help to advise you about the claim amount, make the settlement, evidence, etc.
The most common personal injury claims are in accident cases. In accident cases, the parties face huge financial loss and severe injuries. The injured party spent huge amounts in medical treatment and also after the treatment as they are unable to do any work and support their family. This is the reason that in accident cases the amount of the claims goes in millions. In these cases, insurance companies are involved and they try to make a settlement with the injured party at a very low amount. When the case proceeds in court, they also protect their company with their legal team so the company can become safe from paying any insurance amount. In these complicated personal injury claims, you should hire a professional and expert attorney who can professionally and legally proceed with the case in court. An unprofessional and unexpert lawyer can destroy your case and make it more complicated to proceed and recover the damages so you should hire a lawyer who has the experience and a good reputation in the specific field.