General vs special damages

General damages and special damages are the two broad categories of compensation in a Malaysian personal injury claim, and the difference lies in how each is worked out.

General damages compensate for the injury itself, such as pain, suffering and loss of amenities, assessed by the court using medical evidence and published guidance rather than receipts. Special damages instead repay specific, provable out-of-pocket losses, such as medical bills, transport costs and income already lost, explained further under special damages.

Keeping receipts and payslips strengthens the special damages side, while a thorough medical report strengthens the general damages side.

Special damages are easier to calculate because they rely on documents. General damages depend more on medical opinion and the injury’s impact on your life, which is where an independent lawyer can help present the claim.