#accidentclaim

Tort law in Thailand, known as the law of "wrongful acts" (ละเมิด), is governed primarily by the Thai Civil and Commercial Code (CCC). It provides a legal framework for civil liability when a person unlawfully causes damage to another, whether intentionally or negligently, and is therefore liable to compensate the injured party . For foreigners living in or doing business with Thailand, understanding this legal landscape is crucial, as the rules regarding evidence, damages, and deadlines differ significantly from many Western jurisdictions.

1. The Legal Definition and Four Elements of a Tort

Under Section 420 of the Thai Civil and Commercial Code, a person who, willfully or negligently, unlawfully injures the life, body, health, liberty, property, or any right of another person is said to commit a wrongful act and is bound to make compensation . To successfully claim compensation, the injured party (plaintiff) must prove the existence of four key elements :

Willful or Negligent Act: The alleged wrongdoer must have acted intentionally or failed to exercise the degree of care that a reasonable person would under the circumstances. This includes omissions or failures to act.

Unlawful Act: The act must be against the law or violate the rights of another person. An act done by consent (such as participating in a contact sport) generally does not qualify as unlawful.

Actual Damage: The victim must have suffered actual, quantifiable harm. Minor or theoretical injuries without physical evidence usually do not constitute legal damage.

Causal Relationship: There must be a direct link between the wrongful act and the damage suffered. If the damage is too remote or indirect, the claim may fail.

Special Liability Rules

Thai tort law also imposes liability on specific parties beyond the individual wrongdoer. For instance, an employer is jointly liable with their employee for a wrongful act committed in the course of employment . Similarly, liability extends to supervisors of incapacitated persons who fail to exercise reasonable care, animal owners, and building possessors .

2. Common Types of Tort Claims

Tort claims in Thailand arise in various contexts :

Personal Injury: Accidents involving motor vehicles, speedboats, or public places.

Medical Malpractice & Product Liability: Claims against healthcare providers or manufacturers of defective goods.

Property Damage: Destruction or damage to real estate or personal belongings.

Defamation: Unlawful injury to reputation or liberty.

3. Types of Compensation Available

Thai courts determine the manner and extent of compensation according to the circumstances and gravity of the wrongful act . The compensation is generally limited to the actual loss suffered by the victim, unlike the punitive-heavy systems in the US .

For Living Claimants (Non-Fatal Cases)

If the victim survives, they can claim :

Actual Medical Expenses: Hospital fees, doctor visits, medication, and rehabilitation costs (requires receipts).

Future Medical Expenses: Costs for ongoing treatment if required by the injury.

Loss of Earnings: Compensation for total or partial disability to work, supported by pay slips or tax records.

Loss of Services: If the victim was legally obligated to support a family member (spouse, parent, or child), that third party can claim for the loss of those services.

Non-Pecuniary Loss (Pain and Suffering) : Compensation for physical pain and mental anguish. While recoverable, the amounts in Thailand are generally modest compared to Western standards.

For Wrongful Death

If the victim dies, the heirs are entitled to claim :

Funeral Expenses: Reasonable costs for the ceremony and burial/cremation.

Loss of Family Support: Compensation for the financial support the deceased would have provided to dependents (parents, spouse, children).

Non-Pecuniary Loss: In cases of death, compensation for pain and suffering is generally available to the estate or heirs .

Punitive Damages

Under standard tort law (Section 438 of the CCC), courts focus on compensating the victim rather than punishing the wrongdoer. However, specific consumer protection and product liability laws allow for punitive damages. For example, under the Consumer Case Procedure Act B.E. 2551 (2008), courts can award damages in excess of the consumer's provable injuries . Defective product claims can result in up to five times the actual damages in certain circumstances .

4. Critical Statute of Limitations (Prescription)

Missing the deadline is a common reason tort claims fail in Thailand. The law is strict :

One-Year Rule: The claim must be filed within one year from the day the injured person became aware of the wrongful act and the identity of the person responsible.

Ten-Year Rule: Even if the victim does not discover the injury, the claim is permanently barred ten years from the date the wrongful act was committed.

Criminal Exception: If the act is also a criminal offense with a longer prescription period (statute of limitations) under the Penal Code, that longer period may apply.

Practical Tip: Do not wait. If you are injured or suffer damages, you should consult a lawyer and preserve evidence immediately. Waiting eleven months to act leaves very little time for investigation and filing.

5. Comparative Negligence (Shared Fault)

Thailand recognizes the concept of comparative negligence. Under Section 223 of the CCC, if the injured party contributed to causing their own injury, the court will reduce the compensation accordingly . For example, if a motorcyclist runs a red light and is hit by a speeding car, the court will assess the percentage of fault for each party and reduce the payout proportionally.

6. The Litigation Process

Tort claims are civil matters. The victim (plaintiff) files a complaint in the competent court (usually where the incident occurred or where the defendant resides).

Burden of Proof: The burden is on the plaintiff to prove the four elements of tort. Evidence such as police reports, CCTV footage, medical records, and witness testimony is critical.

Court Assessment: Judges have broad discretion under Section 438 to determine the amount of compensation based on the circumstances and gravity of the act .

Conclusion

Navigating a tort case in Thailand requires a clear understanding of the four elements of liability under Section 420, strict adherence to the one-year statute of limitations, and realistic expectations regarding compensation. While the system is designed to make an injured party whole, it is not as generous with punitive damages as some Western countries, except in specific consumer protection contexts . Given the complexity of evidence laws and the short deadlines, anyone involved in a serious accident or dispute should seek qualified local legal counsel immediately to preserve their right to compensation.

If you've been injured in an accident and already had a medical condition before the incident, you may wonder whether you're still entitled to compensation. It's a common concern and one that often causes people to hesitate before pursuing a claim.

The good news is that having a pre-existing injury does not automatically prevent you from recovering compensation. In many cases, if an accident worsened your existing condition or caused new injuries, you may still have a valid personal injury claim. However, proving your case requires strong evidence, accurate medical documentation, and experienced legal guidance.

In this article, we'll explain how pre-existing injuries affect personal injury claims, what evidence matters most, and why working with experienced injury attorneys can make a significant difference.

What Is Considered a Pre-Existing Injury?

A pre-existing injury or medical condition is any health issue that existed before the accident occurred. These conditions can include:

Chronic back or neck pain

Arthritis

Previous fractures

Herniated discs

Prior surgeries

Old sports injuries

Degenerative joint conditions

It's important to understand that insurance companies often try to argue that your pain or limitations are entirely due to these existing conditions rather than the accident itself.

Can You Legally Recover Compensation?

Yes. Under California personal injury law, you may recover compensation if someone else's negligence aggravated or worsened your pre-existing condition.

One important legal principle is often called the "Eggshell Plaintiff Rule." This doctrine states that a negligent party must take an injured person as they find them. If someone is more vulnerable due to an existing medical condition, the at-fault party can still be held responsible for the additional harm they caused.

This principle is recognized in California's civil jury instructions and has long been established in personal injury law.

The Difference Between a Pre-Existing Condition and an Aggravated Injury

One of the biggest challenges is distinguishing between your original condition and the damage caused by the accident.

For example:

You had mild lower back pain before a car accident.

After the accident, the pain became severe, required surgery, and limited your ability to work.

In this situation, the accident didn't create the original condition but it significantly worsened it. You may be entitled to compensation for that aggravation.

An experienced legal team works with medical professionals to determine how much of your current condition resulted from the accident versus your previous health issues.

Evidence That Can Strengthen Your Claim

When pursuing compensation with a pre-existing injury, documentation becomes even more important.

Helpful evidence includes:

1. Medical Records

Your medical history helps establish:

Your condition before the accident

The treatment you previously received

Changes in symptoms after the accident

2. Diagnostic Imaging

Updated X-rays, MRIs, or CT scans can show new injuries or worsening damage.

3. Physician Opinions

Medical experts can explain whether the accident aggravated your existing condition.

4. Accident Reports

Police reports, workplace reports, or incident documentation help establish how the injury occurred.

5. Witness Statements

Eyewitnesses may support your version of events and the severity of the accident.

Why Insurance Companies Challenge These Claims

Insurance companies frequently scrutinize claims involving prior injuries because they hope to reduce or deny compensation.

Some common arguments include:

"Your injury already existed."

"The accident didn't make your condition worse."

"Your pain is simply part of aging."

"Your treatment isn't related to the accident."

According to the Insurance Research Council (IRC), claimants represented by attorneys generally receive higher settlements than those who negotiate alone, even after accounting for attorney fees. While every case is unique, experienced legal representation often improves the ability to gather evidence and negotiate effectively.

Common Mistakes That Can Hurt Your Case

If you have a pre-existing injury, avoid these common errors:

Hiding previous medical conditions

Delaying medical treatment after the accident

Missing follow-up appointments

Posting about your injuries on social media

Speaking with insurance adjusters before understanding your legal rights

Honesty is critical. Failing to disclose a prior condition can damage your credibility, while transparency allows your attorney to build a stronger case.

How Experienced Injury Attorneys Help

Cases involving pre-existing injuries are often more complex than standard personal injury claims. That's why working with experienced injury attorneys is especially valuable.

An attorney can:

Review your medical history carefully

Gather evidence proving your condition worsened

Work with medical specialists

Handle insurance company negotiations

Calculate both current and future damages

Represent you in court if necessary

Their experience helps ensure that insurers don't unfairly blame your entire condition on your medical history.

What Compensation May Be Available?

If your accident aggravated a pre-existing injury, compensation may include:

Medical expenses

Future medical treatment

Physical therapy

Lost wages

Reduced earning capacity

Pain and suffering

Emotional distress

Loss of quality of life

The amount depends on the severity of the aggravation, available evidence, and the long-term impact on your daily life.

Why Acting Quickly Matters

California generally imposes a two-year statute of limitations for most personal injury claims, although exceptions may apply depending on the circumstances.

Waiting too long can result in:

Lost evidence

Fading witness memories

Delays in medical documentation

Missed legal deadlines

The sooner you seek medical care and legal advice, the easier it is to demonstrate how the accident affected your condition.

Read More:

Insurance Policy Limits: What Does It Mean After An Accident? 

What Evidence Do You Need to Win a Personal Injury Claim? 

What Happens When Multiple Parties Are Responsible for Your Injury? 

How Damages Are Calculated in Injury Claims 

Final Thoughts

A pre-existing injury does not prevent you from seeking justice after an accident. What matters is whether another person's negligence caused your condition to become worse. With thorough medical evidence, honest documentation, and skilled legal representation, many people successfully recover compensation despite having prior injuries.

If you're unsure whether your case qualifies, consulting with knowledgeable professionals can help you understand your rights and the strength of your claim.

Get Trusted Legal Guidance from Doyle & O'Donnell

Public places should be safe for everyone. Whether someone is visiting a supermarket, walking through a shopping centre, or attending a public event, property owners and businesses have a legal duty to maintain safe environments. When negligence causes an accident, injured individuals may have the right to make a public liability claim.

What is a public liability claim?

A public liability claim is made when a person suffers an injury in a public or private place due to unsafe conditions or someone else’s negligence. These claims can arise from accidents in shops, restaurants, parks, offices, hotels, car parks, and other public spaces.

Many people experience injuries that could have been prevented if proper safety measures had been followed. Hazards such as wet floors, broken pavements, poor lighting, or falling objects can lead to serious accidents and long-term health problems.

Common causes of public liability accidents

Public liability accidents can happen in many situations, including:

Slips, trips, and falls

Uneven flooring or damaged pavements

Falling merchandise or equipment

Poorly maintained staircases

Inadequate warning signs

Unsafe public facilities

Accidents caused by poor maintenance

Injuries from these accidents may include fractures, head injuries, soft tissue damage, or emotional distress. In severe cases, victims may require ongoing medical treatment and rehabilitation.

Importance of evidence in a claim

Strong evidence can play an important role in supporting a compensation claim. Injured individuals are often advised to collect photographs of the accident scene, medical reports, witness details, and receipts for expenses related to the injury.

Accident reports filed with businesses or local authorities can also help strengthen a case. Seeking medical attention immediately after the incident is equally important because medical records can provide valuable proof of the injuries suffered.

How compensation may help

Compensation may help injured individuals recover financial losses linked to the accident. This could include medical expenses, rehabilitation costs, travel expenses, and loss of earnings caused by time away from work.

Many claims also consider the emotional and physical impact the injury has had on a person’s daily life. Experienced solicitors often work to ensure clients receive fair compensation for both short-term and long-term effects.

Understanding the legal process

The legal claims process can feel overwhelming for someone already dealing with an injury. Solicitors handling public liability cases usually investigate the circumstances of the accident, gather evidence, communicate with insurers, and negotiate settlements on behalf of clients.

Many firms also offer support through public liability compensation claims, helping individuals understand their legal rights and the steps involved in seeking compensation.

Conclusion

Public liability accidents can have a major impact on a person’s health, finances, and overall wellbeing. Understanding legal rights and seeking professional guidance may help injured individuals move forward with confidence.

Avoid common errors that can weaken your accident case. Learn how a professional claims management company helps protect your rights, manage paperwork, and secure the full compensation you deserve.