What are the options for finding a lawyer in Thailand after a dive accident leading to decompression sickness?

Sep 24, 2024
3 months ago
Beth *****************
ORIGINAL POSTER
I am in search of a lawyer in Thailand that could possibly help me. I had an accident while I was in Thailand for 2 months at the beginning of the year that has left me partially disabled. I was on a liveaboard diving boat when I got decompression sickness. Because my dive was routine (according to the dive computer) the owners of the boat refused to believe that I had decompression sickness. I pleaded with them to get me off of the boat, they refused to believe I had DCS they kept insisting it was just a pinched nerve in my spine. They refused to get me off of the boat and to medical treatment the dive accident happened in the early morning and they did not get me off of the boat until the early evening despite my pleas. This delay in getting me treatment has now left me with permanent damage to my spinal cord. I spent 3 weeks in the hospital with severe decompression sickness and 50 hours in the hyperbaric chamber there. If anyone could possibly recommend a lawyer who could possibly help me with this that would be very much appreciated.
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TLDR : Answer Summary
The user seeks legal assistance after suffering permanent damage from decompression sickness due to a diving accident in Thailand. Several community members respond with various suggestions, including contacting travel insurance companies, the Tourist Assistance Center in Bangkok, and specific law firms. Some comments raise concerns about the difficulty of pursuing a case in Thailand, the adequacy of insurance, and the legal risks associated with diving. Recommendations are made for legal firms, and several users underscore the importance of having proper insurance.
Steve *******
Try contacting the TAÇ ( tourist assistance center) in Bangkok , Providing you are not a resident, they will intervene on your behalf and try to negotiate a settlement and the other party won’t offer compensation. TAC will provide an attorney for you for free.

It’s a long drawn out process based upon what you said I think you have a strong case for them

Your likelihood of finding an attorney that will take it on Contingency is very unlikely and they will want to get paid upfront. If you do go that route go with an international law firm there are several of them in Phuket “just law” is one of them as an example
Eric ******
@Steve ******
wow, somebody in this group actually offering helpful information. Wish there were more…

Not sure why all of the sarcastic and snarky comments from people, I guess they just have nothing better to do.
Paul ******
Try Siam Legal or Chaninat & Leeds
Robert *****
A lawyer will take your money but nothing will happen.
Budsara **********
I am a Thai lawyer. Sent you a message privately.
Brooke ************
You might also try posting in a scuba diving group for advice, as many of the people answering are not educated on decompression sickness, or the fact that it can happen even if you followed all safety protocols and your dive computer’s instructions.
Eric ******
Geez. All of these stupid comments, and not one person offered a suggestion on an attorney as she asked for. That's what's wrong with this group... She didn't ask for opinions, only a referral. 🤦🏻‍♂️
Rick ***********
Did you have PADI dive insurance? Did you provide documentation of your insurance coverage at the start of the trip? Every liveaboard I've been on required dive insurance before we left port. If you had insurance I wonder why the boat captain wouldn't assist in your evaluation by a medical doctor.

Regardless, I think you'll find that the attempt to get some legal remedy will be difficult as you likely signed away any legal recourse when you signed the paperwork at the start of your trip. You might contact PADI and see if they have a suggestion about how to proceed but it will be difficult.
Greg *********
I recommend the renowned firm Dewey, Cheatham & Howe.
Julane *******
Always get DAN diving insurance. You can contact them directly for emergency evacuation.

Also wherever in the world you go diving, you'll sign liability forms giving away your rights to sue or make any claims.

Diving is a sport with risks. I have over 1000 dives and I am always aware. Often depression sickness can mean death (as a chamber can be days away and flying to one isn't possible as that makes it worse) unless there is a helicopter on the boat which flies low altitude.

Asia is NOT America with lawyers ready and willing to sue businesses or individuals. Dive shops are small and probably have minimal insurance coverage. Bankrupting one of them will bring you very little, unless it's a liveaboard from America and they will certainly bring up the liability release forms to protect them.

Some might even say that you had a preexisting medical condition. If you drank excessive alcohol the night before or smoked marijuana, this could affect you on your next diving day. These are so many factors.
Meena *******
Please check DM
David **********
Could you have called someone outside the boat (if you had phone service) to assist and get help or call tourist police or call police? Or whatever the 911 equivalent is here in Thailand.

I agree with the comment about this not being America.

If I was an attorney I’d be asking why you did not try some other things besides begging to take you back to shore.

The mandatory insurances here are garbage in my opinion.

Check all your policies for any type of coverage, maybe even your credit cards. The CC’s sometimes have little claims you can make.

Are you from a country with disability? Apply for disability benefits immediately. In America if you’re truly disabled you’ll get benefits right away. If they have to investigate, planting your flag with a claim right now (Just a telephone call) will establish a back date. If it takes a year to start benefits they send you a big check from the date you filed a claim.

Best wishes to you.
James *********
are you a competent diver with your padi tickets???
Ome *****
Diving at your own risk, good luck filing a claim.
Beth *****************
ORIGINAL POSTER
@Ome ****
Yes the diving brought on the sickness but the owners of the boat refusing to take me to shore for 10 hours for medical treatment is what has caused the long term damage..
Kenny *****
Sorry about yr situation, if boat operater refused to bring you to shore. Should have grab 2 bottles and do a in water decompression.

Did you visited a deco chamber afterwards? It maybe hard to proof the damage is caused by the bends.
Pino ************
@Kenny ****
in water decompression⁉️ Flat water or sparkling water ⁉️
Kenny *****
@Pino ***********
yes in extreme situation and where chamber is not available doing a extended deco stop could help. Thats what was tought when i was in commercial diving school many yrs ago.
Pino ************
@Kenny ****
apparently it’s too dangerous to do in water decompression. No Liveaboards will allow that
Mac ******
I think you are going to have a real problem getting anything done about it in Thailand. You may well end up just throwing your money away on a lawyer. You would be better off seeing if you were covered by insurance and getting medical records.
Peter ********
I am very sorry to hear this. I know nothing about this field at all. But what I’d be concerned about in your shoes is that even the best lawyer will not bring you reasonable results by our standards. I am not trying to be pessimistic while at the same time admitting I am completely ignorant. But, for example, car insurance here has trivial coverage even for death. Mind you in some ways America is no different. The only accidents I have been in have been caused by people with trivial insurance or none. My insurance company would go after them after first paying me. Problem is they don’t own a house
Jason ********
Always make sure you have adequate insurance which covers all activities.

Thailand is not America where you can sue any Tom dick or Harry for anything that goes wrong.
Alex *******
Travel insurance sometimes not covered for Dive accident !
Phyllis ********
I think u be better to approach your travel insurance
Bill *********
@Phyllis *******
a little late not
Brad ************
@Phyllis *******
travel insurance “may” covered treatment costs, but it certainly won’t divide any compensation for permanent injury as a result of negligence. That’s what I think he’s seeking advice on.
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