Handling a claim while grieving
You are trying to grieve and somehow also fill out forms about the person you lost.
After losing someone in a road accident, a Malaysian family may have a dependency claim for the financial support and funeral costs the loss has caused. None of it needs to be sorted out today.
What is this claim?
A dependency claim is brought by family members who relied on the person who died. It covers the financial support they would have received, plus reasonable funeral expenses. It runs separately from any criminal case against the driver.
A separate estate claim covers what the deceased’s own estate can recover, such as pain suffered before death and medical costs. Both can matter to your family.
Which deadline matters?
A dependency claim must generally be brought within three years of the date of death, and this is treated as an absolute deadline.[1] It does not extend because a family needed time to grieve.
Malaysian law also provides a fixed statutory bereavement sum, currently RM30,000 following a 2019 amendment, subject to the current law and who in the family qualifies.[2] Other losses, like ongoing financial support, are assessed on the facts.
What can wait, and what to gather slowly?
These will eventually help, and gathering them over time is enough.
- The death certificate, when it has been issued.
- The police report relating to the accident.
- Some record of the income or support the person provided, such as payslips or bank records.
What to do next
When you feel able, an independent lawyer can take the paperwork off your hands and act on the claim at your pace. Send the accident date, where it happened, the date of death, and the police report status.
Fatal accident claims explained is there when you want to read more.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Do we need to deal with this right away?
No, not everything. There is a real deadline of three years from the date of death for a dependency claim, but the paperwork itself does not need to be gathered in the first days or weeks.
What is a dependency claim, in plain words?
It is a claim by family members who relied on the person who died, covering the financial support they would have received and reasonable funeral expenses. It is separate from any criminal case against the driver.
Is there a fixed payment for the loss itself?
Malaysian law provides a statutory bereavement sum, currently RM30,000 following a 2019 amendment, subject to the current law and the eligible family members.[2] Other losses, like ongoing financial support, are assessed separately.
What documents will eventually be needed?
Generally the death certificate, the police report, and evidence of the income and support the deceased provided. These can be gathered gradually rather than all at once.
Sources
- Shan Chambers, on Civil Law Act 1956, s.7(5) (accessed 2026-09-22)
- Skrine, on the Civil Law (Amendment) Act 2019 (accessed 2026-09-22)
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.