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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.

Strategy Law, LLP delivers strong courtroom representation in commercial, contract, and business disputes, protecting San Jose clients with strategic advocacy and results-driven litigation solutions.

If you’ve been even a little bit involved in construction projects—whether building a home, handling renovations, or running a bigger commercial job—you already know it’s never as smooth as it looks on paper. Projects start with excitement and blueprints, but real life often throws delays, cost overruns, miscommunication, or disagreements over quality of work. 

Pretty soon, something that started with handshakes and optimism turns into stress and legal paperwork. That’s when many people finally ask themselves: Do I need to bring in an attorney for this?

In Boise, construction disputes are becoming more common as the city grows fast. Contractors, property owners, developers—everyone has something at stake, and those stakes are not small. So, let’s talk about the real moments when hiring Boise Construction Litigation Lawyers (or even a single trusted Boise Construction Litigation attorney) moves from “maybe later” to “I need one now.”

Why Legal Help Matters in Construction Disputes

Construction law is not just a single set of rules you can Google quickly. It mixes contracts, state laws, building regulations, and insurance policies—and they don’t always fit neatly together. A small mistake, like missing a contract clause or not filing paperwork on time, can cost thousands of dollars. That’s why knowing when to call a lawyer can change the whole outcome.

Times You Should Seriously Consider Hiring a Lawyer

1. Right at the Start: Contract Agreements

Most issues come up later because a contract wasn’t written clearly in the beginning. A vague contract leaves open ends like:

What happens if the project is delayed?

Who pays for sudden material price hikes?

What if work changes mid-project?

If you’re about to sign a large construction deal, that’s already the first sign you should involve an attorney. They make sure the agreement covers all those “what ifs.” Without one, you’re taking a gamble.

2. When Payments Fall Into Dispute

Money fights are the biggest headache in construction. Contractors complain they aren’t paid fully. Owners complain they’re being overcharged. Subcontractors sometimes get stuck in the middle waiting for weeks.

In Idaho, there’s this thing called a mechanic’s lien—basically, if a contractor isn’t paid, they can put a lien on the property, which blocks the owner from selling or refinancing until the debt is solved. These are powerful tools, but misusing them or not filing correctly can turn against you. A Boise Construction Litigation attorney can either help you enforce the lien the right way—or defend you from one if it’s placed unfairly.

3. When There’s a Serious Construction Defect

Imagine building your dream home, but then the foundation starts cracking after one winter, or water leaks in every time it rains. On the flip side, imagine being a contractor blamed for problems you know weren’t your fault—it might have been faulty materials or a client not following maintenance rules.

Defect disputes are messy, emotional, and expensive. The longer they drag on, the worse they get. Lawyers step in to figure out fault: Was it design? Materials? Workmanship? Once that’s clear, they push for resolution before the damage spreads further.

4. Projects Hit With Delays

Nobody likes waiting on construction that was promised months ago. Delays don’t just frustrate—they cost real money. Tenants might back out, loan interest piles up, and contractors may argue who is responsible for the holdup.

A lawyer helps separate excusable delays (like snowstorms) from negligent ones (poor planning, bad management). That difference decides whether you’re stuck absorbing costs or whether someone else should pay.

5. Insurance and Unexpected Accidents

Construction isn’t risk-free. If a worker gets hurt, if equipment damages property, or if an accident raises liability concerns, insurance fights usually follow. And insurance companies don’t always play nice—they might deny coverage, delay payments, or blame someone else.

When that happens, legal support keeps you from being cornered into paying what insurance should have covered.

What Role Lawyers Actually Play After They’re Hired

Sometimes people hesitate to call lawyers because they imagine long court battles and big legal bills. But here’s the truth: most disputes never reach trial. Attorneys usually do this instead:

Evaluate the situation: They check contracts, evidence, and timelines to give you a realistic view.

Negotiate first: Settlements or mediation often save time and money for everyone.

Litigate when needed: If no agreement works, then yes, they go to court and handle the fight there.

Appeals: If the court’s first judgment goes wrong, they can try moving it to the higher court.

Signs You Waited Too Long To Call

Some folks try handling disputes themselves, thinking lawyers are “too expensive.” But waiting can leave you in worse shape:

Deadlines for filing claims might pass.

You may accidentally say something in email/phone agreements that later weakens your case.

Opposing lawyers get the upper hand because you didn’t seek advice early.

If you already feel overwhelmed, stressed, or unsure what’s legally right, that’s your signal to stop delaying.

Choosing the Right Lawyer in Boise

Not every attorney is good with construction disputes. You’ll want someone who’s familiar with contracts, building codes, and Idaho’s specific regulations. Look for:

A history of construction-related cases, not just general practice

Local know-how (they should understand judges in Boise courts)

A style you feel comfortable with—some cases drag on for months, sometimes longer, so trust and communication matter

Conclusion

Construction disputes happen more often than anyone would like. They can turn into financial nightmares if they’re ignored. Knowing when to hire Boise Construction Litigation Lawyers or a trusted Boise Construction Litigation attorney could be the difference between solving things quickly or sinking deeper into cost, delays, and stress.

What Is a Litigation Attorney? The Role of a Litigation Attorney1. Pre-Litigation Phase 1. Pre-Litigation Phase: Preparing the Groundwork for Legal Actiona. Conducting Legal Research to Assess the Merits of a Case b. Gathering and Analyzing Evidence c. Sending Demand Letters to Seek Resolution d. Engaging in Alternative Dispute Resolution (ADR) e. Deciding Whether to File a Lawsuit 2. Pleadings and Motions Understanding Pleadings1. The Complaint (Plaintiff’s Initial Pleading) 2. The Answer and Counterclaims (Defendant’s Response) 3. Third-Party Complaints (Bringing in Additional Parties) Understanding Motions1. Motion to Dismiss 2. Motion for Summary Judgment 3. Motion to Compel Discovery 4. Motion in Limine (Pre-Trial Motion to Exclude Evidence) 5. Motion for Continuance (Request for a Delay) 6. Motion for a New Trial (Post-Trial Motion) The Importance of Pleadings and Motions 3. The Discovery Process: Unveiling the Facts Objectives of Discovery Key Discovery Methods1. Depositions (Oral Testimony Under Oath) 2. Interrogatories (Written Questions Requiring Written Responses) 3. Requests for Production of Documents (Obtaining Tangible Evidence) 4. Requests for Admissions (Narrowing Disputed Issues) 5. Expert Witness Discovery (Specialized Testimony for Complex Cases) 6. Electronic Discovery (E-Discovery) Challenges in the Discovery Process1. Overly Broad or Burdensome Requests 2. Refusal to Cooperate 3. Privileged Information The Role of a Litigation Attorney in Discovery 4. Trial Preparation and Trial: The Litigation Attorney’s Role in the Courtroom I. Trial Preparation: Crafting a Winning Strategy1. Developing a Trial Strategy 2. Witness Selection and Preparation 3. Preparing Exhibits and Evidence 4. Jury Selection (Voir Dire) II. The Trial: Presenting the Case in Court1. Opening Statements: Setting the Stage 2. Direct Examination: Questioning Friendly Witnesses 3. Cross-Examination: Challenging Opposing Witnesses 4. Presentation of Evidence and Legal Precedents 5. Closing Arguments: The Final Persuasion 6. Jury Deliberation and Verdict 5. Settlement and Appeals: The Final Phases of Litigation I. Settlement: Avoiding the Uncertainty of Trial1. Why Do Cases Settle? 2. The Role of a Litigation Attorney in Settlement 3. Alternative Dispute Resolution (ADR) II. Appeals: Challenging a Court’s Decision1. Grounds for Appeal 2. The Appeals Processa. Filing a Notice of Appeal b. Preparing the Appellate Brief c. Oral Arguments 3. Possible Outcomes of an Appeal 4. Supreme Court Appeals Types of Litigation Attorneys Conclusion

What Is a Litigation Attorney?

A litigation attorney, also known as a litigator or trial lawyer, is a legal professional who specializes in representing clients in lawsuits and disputes that may go to court. Litigation attorneys handle all aspects of the litigation process, from pre-trial investigations and pleadings to trials, settlements, and appeals. They play a critical role in both civil and criminal cases, ensuring that their clients’ legal rights are protected while advocating for favorable outcomes.

The Role of a Litigation Attorney

Litigation attorneys are involved in every stage of a dispute, including: 1. Pre-Litigation Phase A litigation attorney is a legal professional who represents clients in disputes that may lead to formal legal proceedings. Their work spans multiple stages of litigation, from the initial assessment of a case to trial and potential appeals. One of the most critical phases of litigation is the pre-litigation phase, during which attorneys work to investigate claims, negotiate settlements, and prepare for potential lawsuits.

1. Pre-Litigation Phase: Preparing the Groundwork for Legal Action

Before a lawsuit is officially filed, a litigation attorney engages in extensive pre-trial investigations, negotiations, and case evaluations. The goal at this stage is often to resolve the dispute before resorting to court proceedings, which can be costly and time-consuming. However, if a resolution is not feasible, the attorney ensures that their client is fully prepared for litigation. a. Conducting Legal Research to Assess the Merits of a Case One of the first tasks of a litigation attorney is to determine whether the case has legal merit. This involves: - Analyzing relevant laws and legal precedents – Attorneys examine statutory law, case law, and legal doctrines that may influence the case’s outcome. - Assessing jurisdiction and venue – Lawyers determine which court has the authority to hear the case, ensuring that it is filed in the appropriate legal forum. - Evaluating strengths and weaknesses – They weigh the evidence and legal arguments to anticipate possible challenges and counterarguments. - Advising clients on legal strategy – If a case lacks sufficient legal grounds, an attorney may advise against proceeding with litigation, recommending alternative solutions instead. Legal research is fundamental in shaping case strategy and determining whether pursuing a lawsuit is in the client’s best interest. b. Gathering and Analyzing Evidence Evidence plays a crucial role in any legal dispute, and litigation attorneys devote significant time to collecting, reviewing, and organizing evidence to support their client’s position. This process includes: - Reviewing contracts, business records, and legal agreements – In corporate and business disputes, examining financial records and contractual obligations is essential. - Obtaining witness statements – Attorneys interview individuals who may have knowledge relevant to the case, documenting their statements for later use. - Gathering electronic evidence – With the rise of digital communications, lawyers often analyze emails, text messages, social media posts, and metadata to uncover crucial information. - Reviewing medical records (in personal injury or malpractice cases) – Attorneys may work with medical experts to understand the extent of injuries and damages. By meticulously gathering evidence, litigation attorneys strengthen their client’s case and prepare for potential courtroom proceedings. c. Sending Demand Letters to Seek Resolution In many cases, disputes can be settled before going to court. One of the most common tools attorneys use in this phase is a demand letter, which is a formal document outlining the client’s grievances and desired resolution. A well-drafted demand letter typically includes: - A clear statement of the issue or dispute - A summary of legal grounds supporting the claim - A request for specific actions or compensation (such as payment of damages) - A warning that legal action will be taken if the dispute is not resolved Demand letters serve as a strategic negotiation tool, giving the opposing party an opportunity to settle the dispute without litigation. In many cases, businesses and individuals prefer to resolve matters outside of court to save on legal fees and avoid reputational damage. d. Engaging in Alternative Dispute Resolution (ADR) Litigation attorneys often encourage clients to explore alternative dispute resolution (ADR) methods, which offer a cost-effective and less adversarial approach to resolving disputes. The most common forms of ADR include: - Mediation – A neutral third party (the mediator) facilitates discussions between the disputing parties to help them reach a mutually acceptable resolution. - Arbitration – A private, less formal trial-like process where an arbitrator hears evidence and renders a legally binding decision. - Negotiation – Direct discussions between parties, facilitated by their attorneys, to find a compromise without third-party intervention. ADR methods are particularly common in business disputes, employment conflicts, and family law cases, as they allow parties to preserve relationships and maintain confidentiality. Litigation attorneys play a key role in representing their clients during mediation or arbitration, advocating for their best interests while working towards a fair resolution. e. Deciding Whether to File a Lawsuit If pre-litigation efforts fail, the attorney and their client must decide whether to proceed with formal litigation. Factors influencing this decision include: - The likelihood of success based on legal research and available evidence - The potential costs and time commitment associated with a trial - The willingness of both parties to settle versus going to court - The impact of public exposure, particularly in cases involving businesses or high-profile individuals If litigation is the best course of action, the attorney prepares the necessary legal filings to initiate the case in court. The pre-litigation phase is a crucial step in the litigation process, as it determines whether a case will proceed to court or be resolved through negotiation. A litigation attorney's role at this stage involves conducting legal research, gathering evidence, engaging in negotiations, and exploring alternative dispute resolution methods. By carefully preparing their case, attorneys ensure that their clients are in the strongest possible position—whether for settlement discussions or full-scale litigation.

2. Pleadings and Motions

Once the pre-litigation phase is completed and a lawsuit is formally initiated, litigation attorneys begin the crucial process of drafting, filing, and responding to pleadings and motions. This phase sets the stage for the entire legal battle, as it defines the claims, defenses, and legal arguments that will shape the case.

Understanding Pleadings

Pleadings are the formal written documents submitted to the court by both parties in a lawsuit. These documents outline the legal and factual arguments each side intends to rely upon. The main pleadings in a case typically include: 1. The Complaint (Plaintiff’s Initial Pleading) A lawsuit begins when the plaintiff (the party bringing the case) files a complaint with the court. The complaint serves as the foundation of the case and must contain: - A statement of jurisdiction – Why the court has the authority to hear the case. - A summary of facts – A detailed narrative of the events leading to the dispute. - Legal claims (causes of action) – The laws that the defendant is accused of violating. - A demand for relief – What the plaintiff seeks, such as monetary damages, injunctions, or specific performance (forcing the defendant to fulfill a contractual obligation). The complaint is then served to the defendant, officially notifying them of the lawsuit. 2. The Answer and Counterclaims (Defendant’s Response) After receiving the complaint, the defendant has a limited time (usually between 20 to 30 days, depending on jurisdiction) to file an answer. The answer serves several purposes: - Admitting or denying allegations – The defendant responds to each claim in the complaint, either admitting, denying, or stating a lack of knowledge. - Raising affirmative defenses – The defendant may argue that even if the plaintiff’s claims are true, there are legal reasons why they should not be held liable. Examples of defenses include statute of limitations (the time to file has expired) or contributory negligence (the plaintiff is partially at fault). - Filing counterclaims – If the defendant believes they have their own claims against the plaintiff, they may file a counterclaim within their answer. This allows the defendant to seek damages or other relief. If counterclaims are filed, the plaintiff must respond with a reply, addressing the new allegations. 3. Third-Party Complaints (Bringing in Additional Parties) In some cases, a defendant may file a third-party complaint against another person or entity, arguing that they should also be held responsible. This is common in construction disputes, product liability cases, and insurance claims, where multiple parties may share liability.

Understanding Motions