Legal Remedies for Individuals Suffering from Post-Traumatic Stress Disorder (PTSD)

Abstract

This research investigates the problems and limitations of Thai civil law in compensating for psychological damages, particularly in cases involving Post-Traumatic Stress Disorder (PTSD). Although Section 446 of the Civil and Commercial Code allows for compensation for non-pecuniary damages, there is still no clear provision that explicitly recognizes psychological harm. The study analyzes key foreign legal precedents and theories, particularly from the United States, Australia, and the United Kingdom, to compare and assess approaches that acknowledge psychological injuries in line with psychiatric science.

The findings lead to recommendations for legal reform in Thailand, such as amending Section 446 to explicitly include psychological damage that may occur without physical injury; extending the period under Section 444 from two years to at least three years to align with the time needed to diagnose PTSD; and revising Section 438 to allow courts greater discretion in evaluating compensation for emotional harm. Additionally, the study proposes the promotion of alternative remedies, such as restorative apologies and restorative justice processes, to ensure that psychological harm is addressed through more diverse and just mechanisms.