Bangkok Law Firm

Category: Civil Law

Tort Cases in Thailand
Civil Law

Tort Cases in Thailand

Jun 24, 2024 by Legal Advisors 0 Comments

Tort Cases in Thailand. Thailand’s legal system recognizes the concept of “tortious acts,” also known as “wrongful acts.” These are civil wrongs where one party’s actions cause harm to another person, property, reputation, or other legally protected interests. If you’ve been wronged in Thailand, understanding tort law can empower you to seek compensation.

What Constitutes a Tort in Thailand?

Under Section 420 of Thailand’s Civil and Commercial Code, a tort occurs when someone, intentionally or negligently, commits an unlawful act that causes damage to another person. Here’s a breakdown of the key elements:

  • Unlawful Act: The action must be considered legally wrong or a breach of a legal duty.
  • Intention or Negligence: The act can be either deliberate (intentional) or unintentional due to a lack of proper care (negligence).
  • Causation: There must be a clear link between the wrongful act and the harm suffered.
  • Damage: The harm can be physical injury, property damage, financial loss, or damage to reputation.

Common Types of Tort Cases in Thailand

Tort law encompasses a wide range of situations. Here are some frequent examples:

  • Personal Injury: Accidents involving vehicles, falls, or medical malpractice can all lead to tort claims for compensation for medical expenses, lost wages, and pain and suffering.
  • Property Damage: Damage caused to someone’s property due to negligence, such as a car accident or construction work, can be grounds for a tort claim.
  • Defamation: Making false or damaging statements that harm someone’s reputation can lead to a lawsuit seeking compensation for reputational damage.
  • Product Liability: If a faulty product causes injury or damage, the manufacturer or distributor might be liable under tort law.

Seeking Compensation for a Tort

If you believe you’ve been the victim of a wrongful act in Thailand, you can file a lawsuit against the responsible party. The lawsuit will aim to prove the elements of a tort and seek compensation for the damages suffered. It’s advisable to consult with a qualified Thai lawyer who can guide you through the legal process.

Important Considerations

  • Statute of Limitations: There’s a time limit (statute of limitations) to file a tort claim in Thailand. The specific timeframe may vary depending on the nature of the case.
  • Burden of Proof: The burden of proving the elements of a tort lies with the plaintiff (the person who brings the lawsuit).
  • Damages: The type and amount of damages awarded in a successful tort case will depend on the severity of the harm suffered.

Conclusion

Tort law plays a vital role in protecting individuals and their interests in Thailand. By understanding your rights and the legal process, you can seek compensation if you’ve been wronged by another party’s actions. Remember, consulting with a lawyer is crucial to navigate the legalities and ensure a successful outcome in your case.

Civil Law

Thailand Retirement Visa

Feb 2, 2023 by Legal Advisors 0 Comments ,

The Thailand Retirement Visa allows expatriates who are over 50 years old to live in Thailand for a period of one year. This visa can be renewed each year for another year as long as the applicant continues to meet all of the financial requirements.

Getting a Thai Retirement Visa is simple and fast.

First, you need to qualify for a non-immigrant O type of visa that is valid for up to six months. This visa is available to residents of several countries, including the United States and Australia.

This type of visa has a lot of restrictions and requirements, but the good news is that they are easy to meet.

To get a Thai retirement visa, you will need to prove that you have an income and bank account in Thailand. This can be done through a statement that shows that you have had a balance of at least 800,000 Thai baht for at least 2 months before applying. You will also need to provide proof that you have enough funds to cover your living expenses in Thailand.

You can apply for the retirement visa in your home country or in Thailand. The application process is easy and quick, but you may need to make an appointment to submit the application in person.

The application can be submitted to a Thai Embassy or Consulate in your home country, or you can apply online or by mail. The process will take about 3 weeks to complete and it is important that you submit the proper documents and pay the required fees.

In the event that you are applying for a visa outside of your home country, you will need to present copies of all the documentation listed above. This includes a copy of your passport, two photos, proof of insurance, and a medical report.

Your application will also need to show that you have a Thai bank account, which has been open for at least 12 months prior to the application. This bank account must be in your name and have a balance of at least 800,000 baht.

Once you have the correct documents, you should submit them to a Thailand Embassy or Consulate in your home country. They will then issue you a visa.

During the course of your stay, you will be required to report to a Thai Immigration office every 90 days to complete a report that confirms where you are living in Thailand. This is a relatively straightforward process, but some people prefer to have someone else complete it for them.

When you do so, the official at the Immigration office will check that you have met the requirements for the retirement visa and then issue you a re-entry permit if you need to leave Thailand. This re-entry permit will allow you to travel freely around the country, but you must report to the Immigration office in Bangkok when you return to Thailand.

The best way to avoid the hassle of submitting these reports on your own is to hire an agent such as ourselves to do it for you. We can ensure that the whole process runs smoothly and quickly so that you can start enjoying all of the benefits of retiring in Thailand.

US Visa in Thailand
Bangkok Law, Civil Law

US Visa in Thailand

Sep 14, 2017 by Legal Advisors 0 Comments , , ,

Obtaining a US Visa in Bangkok is possible if you are able to locate a law firm in Bangkok who has US Immigration attorneys on staff. We at Law Firm in Thailand make at least two US Fiancee Visas each week. Asia has over the years seen an increase in applications for US visas. This mainly based on the ability for more people to travel with the advent of cheaper airline tickets and better global telecommunications.

Most couples tend to meet online or via a dating agency. This can be dangerous and we have and still do always advise clients to have a prenup drafted before getting married or becoming engaged. Some of the questions asked might not be relevant to you however you should have met your Thai fiancee before making an application for a US fiancee visa. This is part and parcel of the conditions for the US Visa. Some Americans prefer to get married in Thailand and apply for a US Spouse Visa also known as the K-3 Visa. The K-3 Visa does take a bit longer than the K-1 Visa however the problems which might arise later are far less than that with the Fiancee Visa. You need to speak to one of our immigration attorneys who will guide you to what would be considered your best options.

Some of the conditions related to the US fiancee visa is that both financial and other conditions such as having met in person. Speak to one of our immigration attorneys today either in person, on one of our US-free numbers or on live chat.

 

How to find a Law Firm in Bangkok
Bangkok Law, Civil Law

How to find a Law Firm in Bangkok

Sep 14, 2012 by Legal Advisors 0 Comments , , , ,

A Bangkok law firm is normally registered with the Thailand Bar Council. There is however another unmentioned problem that does occur in Thailand which does not occur in say locations such as Hong Kong. In Hong Kong there are laws in place to allow foreign attorneys, solicitors and barristers to practice law in Hong Kong.

Thailand however is not that open and hence as a foreigner you are not allowed to take up a position as an attorney however you are allowed to be a legal consultant without the right to appear in courts. Hong Kong is not the same as Thailand as one would judge that most if not all laws in Hong Kong are in line with the British legal system where say Thailand is not. The laws would hence not be anything close to the British legal system.

The obvious problem that this creates in Thailand is that there is very little control over legal consultants in Thailand and hence unless they are located in a main stream law firm such as Law Firm in Thailand any incorrect legal advice will have no real recourse to the Thai justice system. When looking for a law firm in Bangkok always search the forums to locate expats who will be able to give you some direction. A few things that you might not know about the Thai legal system is that the concept of ‘trusts’ or trust accounts have no legal standing. There is also no fidelity fund if your attorney runs off with your money and the justice system in Thailand tends to be very slow. Hence your money is lost and any recovery will be slow if not impossible.

Always ask questions from anyone you hire where they have worked before coming to Thailand. Many consultants are nothing more or not even at the standard of what would be considered a paralegal back in your home country – so always be aware of having to seek redress later should anything go wrong.

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