Personal Injury Claims in Malaysia: Getting Fair Compensation After an Accident

An accident can affect your health, your income and your family. Where an injury is caused by someone else's negligence, Malaysian law allows the injured person to claim compensation. This guide sets out the basics of personal injury claims in Malaysia.

When can you claim?

You may have a claim where another party owed you a duty of care, breached that duty, and caused your injury as a result. Common examples include road traffic accidents, accidents at the workplace, and injuries on unsafe premises.

What can you claim for?

Compensation (called damages) is generally divided into two categories:

• Special damages — actual financial losses you can prove, such as medical bills, medication, travel to hospital, and loss of earnings up to trial;

• General damages — compensation for pain and suffering, loss of amenities of life, and any permanent disability or scarring.

Time limits matter

Personal injury claims are subject to a limitation period, after which the right to sue is generally lost. Because evidence such as medical records, photographs and witness accounts is best gathered early, it is sensible to seek advice as soon as possible after an accident rather than waiting.

What to do after an accident

• Seek medical attention and keep all medical reports and receipts;

• Lodge a police report where relevant, especially for road accidents;

• Take photographs of the scene and your injuries, and note the details of any witnesses;

• Keep records of expenses and days of work lost.

How Khaw Ewe Seng & Co. can help

We assist injured clients in pursuing fair compensation — assessing the claim, gathering the necessary medical and factual evidence, dealing with insurers, and taking the matter to court where a reasonable settlement cannot be reached. Our aim is to relieve you of the legal burden so you can focus on your recovery.

Khaw Ewe Seng & Co. — Advocates & Solicitors. 605 & 607 (1st Floor), Jalan Dato Keramat, 10460 George Town, Penang. Tel: +60 4-226 6212. Established 1976.

Disclaimer: This article is general information about Malaysian law and is not legal advice. Every case turns on its own facts. Please consult a lawyer about your specific situation.