How a dependency claim works
You relied on someone who died in a road accident and want to know what you can claim.
A dependency claim lets the family of someone killed in a road accident recover the financial support they have lost. It is brought separately from any claim for the deceased’s own losses. It sits under the wider topic of a fatal road accident claim, alongside the estate claim covered there.
Who can bring this claim?
The law generally allows the spouse, parents and children of the deceased to bring it.[2]
The law treats grandparents as parents, and grandchildren and step-children as children, so they can claim too.[5] Since the Civil Law (Amendment) Act 2019, a person with a disability who was in the deceased’s care can also claim. Brothers, sisters, uncles and aunts are not in the list. Family arrangements vary, so check your own situation.
What does it recover?
At its core it is a claim for loss of support: the financial contribution the family would have received had the person lived.
It also covers reasonable funeral expenses and a fixed statutory bereavement sum, currently RM30,000, subject to current law.[4] Who can claim after a death breaks this down by family relationship.
Does money already received reduce the claim?
Many families worry that an insurance payout, Employees Provident Fund (EPF) savings or a pension will be deducted. Generally they are not.[3]
How is the value worked out?
The court looks at what the deceased earned. It deducts what they would have spent on their own living costs, then works out what the family would have received.
It depends on the facts of your family, so no figure is offered here. How support is valued explains the method.
What is the deadline?
A dependency claim generally must start within three years of the date of death.[1] Malaysian courts have treated this as an absolute limit.
Claim deadlines explained compares it with other timeframes, including the six-year period for an ordinary injury claim.
What should I gather first?
Gather the death certificate, the police report, and evidence of how the deceased supported the family, such as payslips or bank records. Do you need a lawyer helps you decide when to bring one in.
An independent lawyer can bring the dependency claim for your family. For first contact, send only the accident date, where it happened, whether family members depended on the deceased (yes/no) and the police report status. Keep family identities and financial details private until an identified independent lawyer contacts you and specifically requests them.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Who counts as a dependant for this claim?
Generally the spouse, parents and children of the person who died, and since a 2019 change, certain disabled family members who relied on the deceased financially.[2] Each family situation is a little different, so it is worth checking who in your case qualifies.
What does a dependency claim actually pay for?
It is built around the financial support the family would have received had the person lived, plus reasonable funeral expenses, and a fixed statutory bereavement sum.[4] It is not a general payment for grief on its own.
Will my EPF or insurance payout reduce what we can claim?
No. Sums received under insurance, EPF or a pension are generally not deducted from a dependency award.[3] Families sometimes assume the opposite and hold back from claiming, which is not necessary.
How is the value of lost support worked out?
The court looks at what the deceased earned and what the family would reasonably have received from it going forward. There is no fixed formula that applies the same way to every family, so this page will not attempt to estimate a figure.
Sources
- Shan Chambers, on Civil Law Act 1956 s.7(5) (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
- Thomas Philip, on Civil Law Act 1956 s.7 (accessed 2026-09-22)
- Skrine, on the Civil Law (Amendment) Act 2019 (accessed 2026-09-22)
- Thomas Philip, How much is your life worth? (dependency claims in Malaysia) (accessed 2026-10-02)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.