You might have heard the term mentioned before when talking about compensation and damages. A tort is defined as a civil wrong, which in broad terms means that you have an ample amount of facts to justify suing another party to obtain money, property, or another form of compensation. Specifically, tort law comes into play when an act or another party’s behavior has caused you to come to harm or to suffer a loss. This provides a way to recover your loss.
Why is Tort Law Important?
Tort law provides a remedy for any social wrongs done to you. It emphasizes quality of care in providing a mechanism where the behavior and actions of citizens and companies are held legally accountable.
Tort provides a body of law that addresses how remedies can be gained from a party who is found to be liable for injuries. It defines what is considered an injury, and lays out the circumstances on how one party can be liable for another party’s injury. Tort law includes not only acts committed with intent, but accidents as well.
Let’s provide the following example: What if someone tosses a beer can out a window and it hits you in the face? If you are injured, can you sue and claim damages from the thrower? The answer is yes. In Thailand, you may sue the thrower for costs incurred from this accident (i.e. medical costs, income lost from recovering, etc.). Whether or not you can win the case depends on proving that the damage was a direct result of a wrongful action from the doer and establishing if he was indeed negligent.
Generally, the answer is no. Thai law has a relatively short limitation for tort claims; you are allowed only one year from date of incident in order to file a claim. It is also doubly important to file a claim as soon as you are able to because a lot of evidence is affected passing time.
Unlike in the United States and other countries, Thai courts award only actual or compensatory damages – which are damages that cover only the actual costs of your injury. This means that a tort claim made in Thailand will generally calculate damages based on out-of-pocket costs as proven by medical bills, repair receipts, proof of wages lost if you had to take time off from your workplace, and other similar forms of documents.
Thailand’s courts will rarely award punitive or exemplary damages – which are damages designed to punish and deter individuals and companies from committing the same act. The court will also generally not award moral damages or non-tangible loss impacting loss to your dignity or personality.
Choosing the Right Law Firm to Assist You
G.A.M. Legal Alliance can help you sort out your tort claims in Thailand. With our experienced team of lawyers, we can guide you through the step-by-step process towards ensuring that you gain the best compensation for your claim. Call us today at 02 611 2881-2 and speak with our legal representatives or visit us at our office for a FREE consultation!