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About Personal Injury Law in Bang Khen, Thailand

Personal injury law in Thailand is based mainly on the Civil and Commercial Code, which uses the concept of wrongful act. If someone intentionally or negligently causes you injury, they may have to compensate you for your losses. In Bang Khen, a busy district in northern Bangkok with major roads and construction activity, common personal injury matters include traffic collisions, motorcycle and bicycle crashes, pedestrian accidents, slips and falls on unsafe premises, injuries from defective products, dog bites, construction site incidents, and medical negligence. Claims are usually handled through insurers first, with the courts in Bangkok available if settlement cannot be reached.

Why You May Need a Lawyer

Many people can negotiate small claims with an insurer, but legal help is often critical when injuries are serious, liability is disputed, multiple parties are involved, or the at-fault party is a business or government agency. A lawyer can collect and preserve evidence, work with doctors to document injuries, calculate medical costs and lost income, and present claims for permanent disability, disfigurement, and long-term care. Lawyers are also familiar with how compulsory motor insurance interacts with any voluntary insurance and can challenge low offers or delays by insurers.

If your case involves medical malpractice, workplace accidents, foreign parties, or potential criminal charges, a lawyer can guide you on parallel procedures, time limits, and strategy. Language barriers and complex paperwork can make it hard to protect your rights, especially for visitors or expatriates. A local lawyer can help you meet deadlines, comply with Thai procedures, and negotiate or litigate effectively.

Local Laws Overview

Basis of liability and fault - Under Section 420 of the Civil and Commercial Code, a person who wilfully or negligently causes damage to another must compensate the injured party. Liability can also arise from responsibility for things or animals in your care and for unsafe buildings. If both sides share fault, compensation can be reduced according to each party’s contribution to the accident.

Damages you can claim - Thai courts can award compensation for medical expenses, rehabilitation, assistive devices, transportation to treatment, lost income and reduced earning capacity, household or caregiver costs, and funeral costs in fatal cases. Courts have discretion to set a fair amount for non-pecuniary harm related to bodily injury and, in death cases, loss of support for eligible family members.

Time limits - Most tort claims must be filed within 1 year from the date you knew of the injury and the identity of the wrongdoer, and no later than 10 years from the date of the wrongful act. Different timelines may apply for contract claims, workers’ compensation, NHSO no-fault medical injury relief, and state liability matters, so do not delay.

Motor vehicle accidents - Thailand requires compulsory third-party motor insurance for all vehicles. This insurance provides initial no-fault medical benefits and further compensation depending on fault and policy limits set by regulation. Many drivers also carry voluntary policies with higher limits. The Office of Insurance Commission regulates claims. Report accidents involving injury to the local police as soon as possible, keep all medical receipts, and notify the insurer promptly.

Workplace injuries - Employees covered by the Social Security system may receive benefits through the Workers’ Compensation Fund for work-related injuries, regardless of fault. In some cases, a separate tort claim against a third party may also be possible if someone other than your employer caused the harm.

Medical negligence and patient support - Medical malpractice claims proceed under general tort principles and typically require expert medical evidence. For people under the Universal Coverage Scheme, the National Health Security Office provides a no-fault compensation mechanism for certain adverse events within a defined time window, separate from any fault-based claim.

Claims against government - If an injury involves a state official, compensation may be pursued under the law governing the liability of officials. Procedures and defenses differ from ordinary cases, so early legal advice is important.

Police reports and evidence - In Bang Khen, accidents are typically reported to the Bang Khen Police Station or the station with jurisdiction over the location. A police report, photographs, dashcam or CCTV footage, witness details, medical records, and receipts are key evidence. For premises incidents, ask that the business create an incident report and secure CCTV footage promptly.

Settlement, mediation, and court - Many claims settle directly with insurers. Court-annexed mediation is widely used in Bangkok to resolve disputes efficiently. If a case goes to court, the Bangkok Civil Court generally hears civil compensation claims. You may join a civil claim to a related criminal case or file a separate civil suit. Court timelines vary with complexity and evidence.

Frequently Asked Questions

What should I do immediately after an accident in Bang Khen

Seek medical help first, call the police if anyone is injured, and move to safety if possible. Exchange details with the other party and take photographs of the scene, vehicles, road conditions, and injuries. Collect witness names and contact details. Notify your insurer and, for vehicle accidents, the compulsory insurer. Keep all medical records and receipts. If injured on business premises, ask for an incident report and request that CCTV be preserved.

How long do I have to file a claim

For most personal injury claims based on wrongful act, you generally have 1 year from the date you knew both the harm and the responsible person, with a long-stop of 10 years from the incident. Other regimes have different deadlines, such as workers’ compensation and NHSO no-fault relief. Speak to a lawyer quickly so evidence is not lost and deadlines are met.

Can I recover compensation if I was partly at fault

Yes. Thailand uses comparative fault. If you share responsibility, the court or insurer may reduce your compensation proportionally. Evidence about speed, road conditions, helmet or seatbelt use, and compliance with traffic rules often affects the apportionment.

What compensation can I claim

You can claim reasonable medical expenses, rehabilitation and physical therapy, travel to appointments, lost wages, reduced earning capacity, household assistance or caregiver costs, property damage, and, in appropriate cases, compensation for lasting disability or disfigurement. In fatal cases, funeral costs and loss of financial support for eligible dependents may be awarded.

Do I need to report a traffic accident to the police

If anyone is injured or property damage is significant, you should report the accident to the police as soon as possible. A police report is often required by insurers and will be important evidence for any claim. In Bang Khen, contact the local police station that covers the accident location.

How does compulsory motor insurance work in Thailand

Every vehicle must carry compulsory third-party insurance, which provides initial no-fault medical coverage to injured persons and additional coverage based on fault up to policy limits set by regulation. Many drivers also have voluntary insurance with higher limits. Benefits and limits change over time, so confirm current coverage with the insurer or the Office of Insurance Commission.

What if I am injured at work

If you are covered by the Social Security system, the Workers’ Compensation Fund may cover medical treatment, wage replacement, and disability benefits. If a third party, such as a subcontractor or driver from another company, caused your injury, a separate tort claim against that party may also be available.

How are medical malpractice claims handled

Medical negligence cases are assessed under general tort rules and typically require expert review of medical records. You may pursue a claim against the hospital or physician and also consider the administrative no-fault mechanism for eligible patients under the National Health Security Office. These cases require careful documentation and timely action.

How much will a lawyer cost

Fee structures in Thailand vary. Many lawyers charge a consultation fee and a fixed or hourly fee for casework. Some may agree to a success-related component within ethical rules. Ask for a written fee agreement covering services, disbursements, and billing schedule. If you have limited means, inquire about legal aid through public agencies or professional bodies.

Will my case settle or go to court

Most cases settle after investigation and negotiation with insurers. If liability or damages remain disputed, court-annexed mediation is common in Bangkok. If settlement fails, the case can proceed to trial. Strong documentation, medical evidence, and a clear damages assessment improve your chances of a fair settlement.

Additional Resources

Office of Insurance Commission - Regulates insurers and compulsory motor insurance and accepts complaints about claim handling. Royal Thai Police - Local police stations in Bang Khen receive accident reports and investigate traffic incidents. Department of Land Transport - Vehicle registration and insurer information for motor accidents. Social Security Office and Workers’ Compensation Fund - Benefits for work-related injuries. National Health Security Office - No-fault compensation program for certain adverse medical events. Lawyers Council of Thailand - Legal aid and lawyer referrals. Ministry of Justice - Justice Fund and crime victim compensation through the Rights and Liberties Protection Department. Bangkok hospitals and clinics - Keep full treatment records from providers you visit after an injury.

Next Steps

Prioritize health and safety - Get medical care immediately and follow all treatment plans. Tell providers that your injuries are from an accident so records reflect this. Keep every receipt and medical document.

Secure evidence early - Obtain the police report number, photographs, dashcam or CCTV footage if available, witness details, and any incident report from a business. Do not sign broad releases without advice.

Notify insurers promptly - Contact the compulsory motor insurer and any voluntary insurer. Provide basic facts but avoid detailed recorded statements until you understand your rights.

Track your losses - Keep a diary of symptoms, missed work, and out-of-pocket costs. Ask your employer to confirm lost income in writing.

Consult a local lawyer - Speak with a personal injury lawyer who handles cases in Bangkok and is familiar with insurers and local courts. Bring medical records, bills, photos, and any correspondence. Ask about strategy, timelines, and fees.

Consider negotiation and mediation - Many claims resolve through insurer negotiations or court-annexed mediation. A lawyer can prepare a demand package that fairly values your claim.

File on time - If settlement is not reached, your lawyer can file a lawsuit or join a civil claim to a related criminal case before the deadline. Acting early preserves rights and evidence.

This guide is for general information only. Laws and procedures change, and each case is different. For advice about your situation in Bang Khen, consult a qualified Thai lawyer as soon as possible.

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Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.