Spinal Cord Injury Attorney: Understanding the Laws Related to Spinal Cord Injuries in Thailand
Spinal Cord Injuries and Potential Damages
Spinal Cord Injury (SCI) is a serious condition that significantly impacts a person's life. The spinal cord is part of the central nervous system, responsible for transmitting nerve signals between the brain and various parts of the body. When the spinal cord is injured, communication between the brain and the body is disrupted, resulting in loss of function below the level of injury. The severity of symptoms depends on the level and severity of the injury.
Potential damages resulting from spinal cord injuries:
Paralysis: Loss of ability to move. This can be paraplegia (loss of movement in both legs) or quadriplegia/tetraplegia (loss of movement in all four limbs).
Loss of Sensation: Loss of feeling of touch, pain, temperature, and body position awareness.
Respiratory Problems: Weakened breathing muscles, leading to difficulty breathing. A ventilator may be required.
Bowel and Bladder Dysfunction: Loss of control over urination and bowel movements.
Reproductive System Issues: Erectile dysfunction, fertility problems.
Chronic Pain: Neuropathic pain, which is severe and difficult to treat.
Other Complications: Pressure sores, urinary tract infections, depression.
In addition to physical damage, spinal cord injuries significantly impact the mental, social, and financial well-being of patients and their families. Patients may face challenges in adapting to a new life, loss of independence, reliance on others, and very high medical expenses.
Rights and Compensation Claims for Spinal Cord Injuries in Thailand
Relevant Laws and Legal Procedures
In Thailand, individuals who suffer spinal cord injuries due to the negligence of others have the right to claim compensation under the law. The main relevant law is the Civil and Commercial Code, Section 420, which states that "Whoever, intentionally 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 therefor."
Compensation claims can be made in the following cases:
Traffic Accidents: If the injury is caused by the negligence of a driver of a car, motorcycle, or other vehicle.
Workplace Accidents: If the injury occurs during work due to unsafe working conditions or the negligence of the employer.
Accidents from Products or Services: If the injury is caused by defective products or substandard services.
Other Accidents: Such as falls from heights, assaults, or sports injuries.
Compensation that can be claimed includes:
Medical Expenses: All medical expenses, both present and future, including medication, surgery, physical therapy, and assistive devices.
Loss of Income: Compensation for lost income, both present and future, due to the inability to work as a result of the injury.
Pain and Suffering: Compensation for pain, suffering, and emotional distress caused by the injury.
Other Damages: Such as expenses for home modifications to accommodate the physical condition, expenses for hiring caregivers, and travel expenses for medical treatment.
Legal Procedures:
Gather Evidence: Collect all relevant evidence, such as police reports, medical reports, expense receipts, and witness statements.
Consult a Lawyer: Consult a lawyer specializing in spinal cord injuries for advice and legal action.
Negotiation: The lawyer will negotiate with the opposing party or insurance company to claim compensation.
Filing a Lawsuit: If negotiations are unsuccessful, the lawyer will file a lawsuit in court.
Court Proceedings: The court will hear the case and make a judgment based on the evidence and relevant laws.
The Role of the Attorney and the Benefits Received
Claiming compensation for spinal cord injuries is a complex process that requires legal knowledge and expertise. Having a lawyer specializing in spinal cord injuries is therefore crucial. The lawyer will:
Provide Legal Advice: Explain legal rights and options, assess the feasibility of the case.
Gather Evidence: Help gather necessary evidence, such as medical reports, police reports, and witness statements.
Investigate the Facts: Inspect the scene of the accident, interview witnesses, and gather relevant information.
Negotiate: Negotiate with the opposing party or insurance company to claim fair compensation.
Litigate: File a lawsuit in court and conduct court proceedings if negotiations are unsuccessful.
Protect Rights: Protect the rights and interests of the injured party to ensure full compensation.
Benefits of having a lawyer:
Increase the Chances of Winning the Case: Lawyers have the knowledge and expertise to plan strategies and conduct cases effectively.
Receive Fair Compensation: Lawyers can accurately assess damages and claim appropriate compensation.
Reduce Burden and Stress: Lawyers will handle matters on behalf of the injured party, allowing them to focus on treatment and recovery.
Save Time and Money: Lawyers can carry out various tasks quickly and efficiently, helping to reduce unnecessary expenses.
1. Assistive Technology: There are many assistive technologies and devices that can help spinal cord injury patients have a better quality of life, such as electric wheelchairs, prosthetic arms, prosthetic legs, and brain-controlled devices.
2. Social Support: There are many organizations and support groups that provide assistance and advice to spinal cord injury patients and their families.
Spinal Cord Injury (SCI) is one of the most severe injuries, significantly impacting the lives of patients and their families. SCI patients often face numerous challenges, including physical, emotional, and financial difficulties. Filing a claim for damages is therefore crucial to ensure that patients receive appropriate and fair compensation. In this process, spinal cord injury attorneys play a vital role in representing and protecting the rights of patients. However, representing SCI clients is complex and involves several ethical considerations that attorneys must be aware of and strictly adhere to, in order to ensure that patients receive the best possible care and benefits.
