Non-Pecuniary Damages In Wrongful Acts: A Comparative Study Between US And Thai Law

by Admin on July 25, 2013

Liability for non-pecuniary damage remains a controversial topic in tort law and in particular whether non-pecuniary damages should be awarded to victims.

Worrawong Atcharawonghai, Judge of Phuket Provincial Court and Thai Barrister at Law, has written an article analyzing the difference between the non-pecuniary damages under Thailand law and in the US. In Thailand non-pecuniary damages are granted only for some injuries, namely personal injury and loss of liberty. Although each US state may be different, many states collectively define non-pecuniary damages as compensation for pain and suffering. In the US for example, the jury system determines damages in non-pecuniary trials.

The article debates whether Thailand should consider reforming its present position on Tort law to broaden the court’s discretion in awarding damages, especially in cases where pain and suffering was incurred prior to death?   Should Thailand consider applying the concept of the US non-pecuniary damages based system  where it is presently so really recognized?

Read the full article here

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