Personal Injury Law in Malaysia 

Support after an accident that wasn't your fault

Being hurt in an accident can turn your life upside down, and we are here to help you understand your options calmly and clearly.

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How we help

We assist people in Penang and across Malaysia who have been injured in an accident that was not their fault. We can help you:

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• meet with you, listen to what happened, and assess whether you may have a claim;

• gather your medical reports, police reports and evidence of your losses;

• deal with the other side and their insurance company on your behalf;

• pursue your claim in court if a fair settlement cannot be reached;

• advise the family on a dependency and bereavement claim if a loved one has died;

• explain the time limits that apply, so your right to claim is not lost.

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Frequently Asked Questions

 

What is a personal injury claim?

It is a legal claim for compensation when you are injured because another person or organisation did not take reasonable care. The aim is to put you, as far as money can, back in the position you would have been in if the accident had not happened. Compensation can cover both your injuries and the money you have lost.

 

How do I show the other person was negligent?

Malaysian personal injury claims are usually based on negligence. You generally need to show three things: that the other party owed you a duty of care, that they failed to take reasonable care, and that this failure caused your injury. For example, every road user owes other road users a duty to drive carefully. Proving these points often needs evidence, so it is wise to speak to a lawyer early.

 

What kinds of accidents can lead to a claim?

Many situations can, as long as someone else's carelessness caused your injury. Common examples are road and traffic accidents, accidents at work or on industrial sites, and slips, trips or falls in public places such as shops or malls (occupier's liability). Injuries caused by medical treatment that fell below a reasonable standard (medical negligence) may also lead to a claim.

 

What compensation can I claim?

Malaysian law generally allows two broad types. General damages are for pain, suffering and loss of amenities (no longer being able to do things you once enjoyed). Special damages are for actual out-of-pocket losses you can prove, such as medical bills and income lost while you could not work. The amount depends on the facts of your own case.

 

How long do I have to make a claim?

Time limits apply, and if you miss them you may lose your right to claim. Under the Limitation Act 1953, many personal injury claims must be started within six years from the date of the accident. Shorter limits often apply to claims involving the Government or a public authority, such as a government hospital — commonly 36 months under the Public Authorities Protection Act 1948. Because the correct time limit depends on your situation, it is important to act promptly and check with a lawyer.

 

What happens if I was partly at fault?

You may still be able to claim, even if you were partly to blame. This is known as contributory negligence, and in these cases the court may reduce your compensation to reflect your share of the responsibility. A lawyer can help you understand how this might affect your claim.

 

What if the other driver had no insurance or cannot be found?

You may still have options. In Malaysia, help generally exists through the Motor Insurers' Bureau (MIB) for people injured by uninsured drivers, or by drivers who cannot be traced, such as in a hit-and-run. Strict time limits and conditions apply, and making a police report promptly is important.

 

Can I claim if I was injured at work?

Possibly. Many employees in Malaysia are covered by SOCSO (under the Employees' Social Security Act 1969), which provides certain benefits for workplace injuries no matter who was at fault. Separately, a claim in negligence may be possible, depending on how the accident happened and who was responsible. The rules on how these fit together can be technical, so it is best to check with a lawyer.

 

Can my family claim if someone dies in an accident?

Yes. Under the Civil Law Act 1956, certain family members who depended on the person who died may bring a dependency claim for the financial support they have lost. The law also allows a fixed sum for bereavement (currently RM30,000), which eligible family members may claim. These claims can be sensitive and complex, so speaking to a lawyer can help the family understand their rights.

 

What should I do soon after an accident?

Where possible, get medical attention as soon as you can and follow your doctor's advice. Make a police report promptly, and keep records such as receipts, medical documents, photographs and the details of any witnesses. Try not to sign anything or accept an offer from an insurer before you understand your rights, and speak to a lawyer early so that important evidence and time limits are not missed.

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​Personal Injury Claims in Malaysia | Khaw Ewe Seng

Injured in an accident in Malaysia because of someone else's carelessness?

Khaw Ewe Seng & Co in Penang can explain your rights and help you make a claim.