Anyone Know "good" Law Firm For Criminal/civil Law Suit

[kuffki]

Hey Guys and Girls

Does anyone know of a good reliable law firm who does criminal/civil litigation. When i say know, i mean have used one and can recommend from experience NOT from visiting their website

This is a pretty big case, so i think bigger firm would be more equipped to handle it.

I can not disclose the full details due to legal reasons as yet, but law suit is against a very very large International company for assault by its employee resulting in serious injury requiring surgery and approx 2 years to recover.

I really do not need to hear what some people think about suing in Thailand, nor do i need to hear any other things unless it is the name of the lawyer or the law firm and your experience with them.

Thank you in advance

[tonywebster]

I have sent you a pm.

[fredob43]

Herbert Smith BKK tel 026573888 International co: best of luck,

[kuffki]

Big thank you for both of you for the information, have called both firms and in a good old THAI tradition now waiting for a call back.

[zaphodbeeblebrox]

I realize you don't want any info about things other than a lawyer referral. However, just a piece of advice from an experienced litigator, nothing to do with Thailand in particular. When you sue an employer for the assault by its employee, you need good facts supporting the employer's knowledge of the employee's propensity for violence. An employer is never strictly liable for the assault by its employee, unless the employee is a managing agent, owner of the company, or an officer/director. Assault is an intentional act, and is considered to be outside the terms of employment. That is why you need to show the employer was negligent in hiring, training or retaining a person who they should have known would be violent. I recommend you have the specific facts supporting your theory of liability when you talk to lawyers. Just two cents from a well-seasoned litigator.

[kuffki]

I realize you don't want any info about things other than a lawyer referral. However, just a piece of advice from an experienced litigator, nothing to do with Thailand in particular. When you sue an employer for the assault by its employee, you need good facts supporting the employer's knowledge of the employee's propensity for violence. An employer is never strictly liable for the assault by its employee, unless the employee is a managing agent, owner of the company, or an officer/director. Assault is an intentional act, and is considered to be outside the terms of employment. That is why you need to show the employer was negligent in hiring, training or retaining a person who they should have known would be violent. I recommend you have the specific facts supporting your theory of liability when you talk to lawyers. Just two cents from a well-seasoned litigator.

Yeah, thanks for that, have already discussed that and funny enough after the incident, my GF was speaking to a manager who said and i quote " Oh yeah its not the first time"

What he meant we do not know. if not the first time for this guy or not the first time of similar incident

Also from what i know, lawyer will have to file 2 lawsuits, 1 against the person and second defendant the company.

While it is hard to prove that company was negligent, the employee did represent the company and was on company time, and whatever employee did while "working" company is liable

This is what i been explained and have experienced.

PS. the worst part is that the employee is still employed by the company, despite police reports, witnesses and damage-so here is the evidence that company does nothing to prevent this kind of incidents

Edited April 22, 2010 by kuffki

[kuffki]

Thank you for all the PM's , will be contacting your refferals.

[geriatrickid]

I realize you don't want any info about things other than a lawyer referral. However, just a piece of advice from an experienced litigator, nothing to do with Thailand in particular. When you sue an employer for the assault by its employee, you need good facts supporting the employer's knowledge of the employee's propensity for violence. An employer is never strictly liable for the assault by its employee, unless the employee is a managing agent, owner of the company, or an officer/director. Assault is an intentional act, and is considered to be outside the terms of employment. That is why you need to show the employer was negligent in hiring, training or retaining a person who they should have known would be violent. I recommend you have the specific facts supporting your theory of liability when you talk to lawyers. Just two cents from a well-seasoned litigator.

To add, that employee will have to be shown to have been acting on behalf of the employer. Pursuing an allegation of vicarious liability in Thailand is difficult in the best of circumstances. Note too that the awarding of punitive and compensatory damages is not as generous as one might assume from reading Thai Visa. For example, in cases of product liability involving bodily injury, some pharmaceutical manufacturers can drag out the case for years. If you look at all those multi million dollar settlements paid by multinational pharmaceutical manufacturers in recent years, almost nothing has been paid out in some countries, although the facts of the case(s) were just as applicable in those jurisdictions.

I hope you have lots and lots of money to spend on a lengthy process. If it is a large international company, it will not just roll over and pay out, even if guilty. An admission of liability can have other consequences. The usual practice is to appoint counsel to delay, delay and delay in hopes that you go away. Been there, done that and more often than not the defendant has the money to wait a plaintiff out. Your case would be helped if you have first secured a criminal conviction or at least filed charges and have a good paper trail. If your legal counsel doesn't discuss all of these aspects with you, you may wish to consider the selection of an alternative counsel.

[kuffki]

I realize you don't want any info about things other than a lawyer referral. However, just a piece of advice from an experienced litigator, nothing to do with Thailand in particular. When you sue an employer for the assault by its employee, you need good facts supporting the employer's knowledge of the employee's propensity for violence. An employer is never strictly liable for the assault by its employee, unless the employee is a managing agent, owner of the company, or an officer/director. Assault is an intentional act, and is considered to be outside the terms of employment. That is why you need to show the employer was negligent in hiring, training or retaining a person who they should have known would be violent. I recommend you have the specific facts supporting your theory of liability when you talk to lawyers. Just two cents from a well-seasoned litigator.

To add, that employee will have to be shown to have been acting on behalf of the employer. Pursuing an allegation of vicarious liability in Thailand is difficult in the best of circumstances. Note too that the awarding of punitive and compensatory damages is not as generous as one might assume from reading Thai Visa. For example, in cases of product liability involving bodily injury, some pharmaceutical manufacturers can drag out the case for years. If you look at all those multi million dollar settlements paid by multinational pharmaceutical manufacturers in recent years, almost nothing has been paid out in some countries, although the facts of the case(s) were just as applicable in those jurisdictions.

I hope you have lots and lots of money to spend on a lengthy process. If it is a large international company, it will not just roll over and pay out, even if guilty. An admission of liability can have other consequences. The usual practice is to appoint counsel to delay, delay and delay in hopes that you go away. Been there, done that and more often than not the defendant has the money to wait a plaintiff out. Your case would be helped if you have first secured a criminal conviction or at least filed charges and have a good paper trail. If your legal counsel doesn't discuss all of these aspects with you, you may wish to consider the selection of an alternative counsel.

All valid points, hence why i am searching for a good lawyer and i had to fire previous one for reasons that you mentioned.

There is also a "secret weapon" bad publicity which would hurt like hel_l any company.

I did do a test drive on another very small forum and believe it or not 98% of the people responded by saying "hel_l, i will never buy their product"

If they would or would not-thats another matter, but i think that pressur can also get the company to settle.

Mind you, i am not seeking millions of dollars which i should. I am only asking for the surgery money, pain and suffering(far far far from International claims) and loss of income.

I would prefer to avoid going after the guy personally for criminal(even though i could and have police reports, and they did offer to arrest him if i chose ) He is just a low paid employee, having him go to jail for this would totally screw his life and i am not that much of an ass.

Just loosing job, and spending a few thousand one a lawyer for civil case i think is enough punishment for him.

Anyhow, thank you for constructive advice, every useful opinion helps

PS. I should mention, my surgery will cost close to 1 million baht-hence why i am not willing to just let it be

[sutyot]

Founded in 1890, Tilleke & Gibbins

[kuffki]

Founded in 1890, Tilleke & Gibbins

Thank you-they do not do this kind of cases.