How is compensation for road accident injuries calculated in Malaysia?

"How much is my claim worth?" is the first question most injured people ask. The honest answer is that it depends on the injury, its effect on your life and work, and the evidence. This guide explains the components courts look at, so you know what to keep and what to ask your doctors. We do not estimate or promise amounts.

The two main categories

Category	What it covers	How it is proved
General damages	Pain and suffering, the injury itself, loss of amenity (things you can no longer do)	Medical reports, specialist opinions, your evidence
Special damages	Financial losses up to trial: medical bills, transport, repairs, lost income, care	Receipts, payslips, invoices, records

General damages

Courts assess general damages by looking at the nature and severity of the injury, the treatment, recovery time, any permanent disability, and the effect on daily life. To keep awards consistent, courts refer to awards made in past cases for similar injuries as a guide, adjusted for the facts.

Special damages

These must be proved with documents. Keep:

• hospital and clinic bills, pharmacy receipts;
• transport costs to appointments;
• payslips or business records showing lost income;
• costs of care or help at home, with a record of who provided it and for how long.

Loss of future earnings and earning capacity

If the injury affects your ability to work in the future, you may claim future loss of earnings. Section 28A of the Civil Law Act 1956 sets rules for how such losses are calculated, including the use of a multiplier linked to the claimant's age and limits on what may be taken into account. Evidence of your income, job prospects and medical restrictions is central.

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Future medical treatment and care

Where further surgery, therapy or long-term care is needed, specialist evidence must explain what treatment is likely, when and at what cost. Courts award these as damages where the need is proved on a balance of probabilities.

What reduces compensation?

• Contributory negligence: if you were partly at fault (for example not wearing a seat belt or helmet in some cases), damages may be reduced in proportion under the Civil Law Act 1956.
• Failure to mitigate: unreasonably refusing treatment or not returning to suitable work.
• Lack of evidence: losses not supported by documents may not be awarded.

What should I prepare?

1. Every medical report, including from specialists.
2. A diary of symptoms, treatment and how the injury affects daily life.
3. All receipts and proof of income before and after the accident.
4. Names of people who help you at home.
5. Photographs of injuries during recovery.

Common mistakes: settling before the injury has stabilised, throwing away receipts, exaggerating symptoms (which damages credibility), and not telling doctors about all your complaints.

When to speak to a lawyer

Before accepting any settlement offer, and once you have initial medical reports. You can contact us; every case depends on its facts.

Frequently asked questions

Can you tell me how much my claim is worth?

Not without the medical evidence and documents. Even then, an estimate is a range, not a promise.

Should I wait until I recover fully?

You should not delay getting advice, but a final value usually needs the injury to stabilise so its long-term effect is clear.

Does a minor injury still get compensation?

Minor injuries can still be compensated if caused by the other party's negligence, but the amount reflects the injury.

Can I claim for emotional distress?

Psychiatric injury diagnosed by a qualified doctor can form part of a claim. General upset alone is treated differently.

What if the injured person dies?

Claims may be brought by the estate and dependants under the Civil Law Act 1956. See death after hospital treatment for the general principles.

Sources & fact check

Legal points in this article were checked against the primary sources below. The law can change; this is general information, not legal advice.

1. Civil Law Act 1956 (Act 67), including sections 7, 8, 12 and 28A, AGC Laws of Malaysia
2. Subordinate Courts Act 1948 (Act 92), AGC Laws of Malaysia

Fact-checked on 17 Oct 2026