Personal Injury Claims in Thailand: What the Law Says and Options for Settlements

If someone causes you physical harm in Thailand, whether through an accident, negligence, or intentional conduct, you may have the right to seek compensation through a civil lawsuit. Personal injury claims are recognized under Thai law and give you a legal way to recover costs such as medical expenses, lost income, and property replacement.

This article explains how personal injury cases are handled in Thailand, what counts as legally recognized harm, how to file a claim, and what outcomes you can expect through the legal process or private agreement.

Thailand's Personal Injury Laws

Under Thai law, a plaintiff can file a personal injury claim when another party's actions cause harm to their life, body, health, or freedom. These claims fall under Section 420 of the Thai Civil and Commercial Code, which states that anyone who willfully or negligently causes damage to another person must compensate the injured party.

The law covers many situations that constitute harm, including violence, lack of caution, or negligence. “Personal injury” in Thailand is not limited to physical wounds, as it can also cover longer-term health impacts and damage to personal freedom or dignity. Property damage connected to the event may also be included in the claim.

Examples of cases that may qualify as personal injury under Thai law include:

• Road accidents involving cars, trucks, or motorcycles
• Injuries from faulty products or unsafe equipment
• Medical malpractice or professional negligence
• Workplace incidents caused by unsafe conditions
• Physical assaults or other forms of intentional harm

The injured party must show that the other person or legal entity acted wrongfully and that this act directly caused harm. If this connection is proven, the court may order the responsible party to pay compensation.

Can You Sue Someone for Personal Injury Claims in Thailand?

Yes, you can sue someone for personal injury in Thailand by filing a civil lawsuit in the appropriate court. The process is based on the principles found in the Thai Civil and Commercial Code, and the case must show that the harm was caused by a wrongful act, whether intentional or due to negligence.

Filing a lawsuit requires legal knowledge, familiarity with Thai legal procedures, and strong documentation. Foreigners, in particular, face added challenges due to language and procedural differences. For this reason, you must have a Thai-speaking lawyer to represent you in court. All court proceedings and filings are conducted in Thai, and legal documents must meet specific formal standards.

Thai courts may award compensation to cover losses such as medical costs, time away from work, property damage, and other financial impacts. However, the concept of punitive damages is not commonly applied in Thai civil cases. This means the court's focus is usually on repaying actual losses rather than punishing the person who caused the injury.

To begin the process, a claim must usually be filed within one year of the incident. In some cases, such as medical malpractice or injury linked to a criminal offense, that period may be extended if the harm is discovered later.

Settling Personal Injury Claims in Thai Civil Court

Civil lawsuits in Thailand often take time and can involve several steps before a final judgment is reached. Because of this, Thai courts frequently recommend that both sides attempt to settle the matter before trial. Settlement may take place through informal negotiation or formal mediation supported by the court.

Mediation offers both parties a chance to reach an agreement without going through a full court process. This can help reduce legal costs and save time. If an agreement is reached, the terms are recorded and enforced as part of the court record. If mediation does not succeed, the case moves forward to trial.

At trial, both sides present evidence and witness testimony. The judge will examine whether the defendant’s actions meet the legal definition of a wrongful act and whether the plaintiff suffered actual harm as a result. If the court rules in favor of the injured party, it will order compensation based on the extent of the damage.

Should either party be dissatisfied with the result, they have the right to file an appeal to a higher court.

Finding a Lawyer for Personal Injury Lawsuits in Thailand

If you're involved in a personal injury case in Thailand, having the right legal support is key to maximizing the chances of success. If you are a foreigner, you’ll need a bilingual lawyer who has experience with Thai civil cases and representing non-Thai citizens, as there are instances where the law is applied differently. 

Personal injury cases in Thailand are complex, and you will require the assistance of a licensed professional attorney for a wide range of required tasks, such as collecting evidence, putting together a convincing argument to the ruling judge, exploring settlement and mediation options, and more.

When selecting a lawyer for a personal injury case in Thailand, look for someone who:

• Has a strong background in civil litigation involving injury or negligence
• Can speak and write in both Thai and your preferred language
• Understands the timelines, procedures, and documentation required by Thai courts
• Has a long proven track record of representing foreign clients
• Is responsive and able to explain legal steps clearly

Thai law allows for the defendant to countersue or force you to pay legal fees, so before going through with a civil personal injury suit in Thailand, ensure you have a strong case and effective representation.