How compensation is worked out
You want to understand what actually shapes your compensation, not a guessed number.
Compensation in a Malaysian road accident claim comes from a fixed list of heads of loss. It is not one guessed number. The two main categories are general damages, for the injury itself, and special damages, for costs you can prove.
Lost income and future medical or care needs sit alongside these. Each is assessed on its own evidence.
What heads of loss does the law recognise?
Section 28A of the Civil Law Act 1956 sets out how a court assesses damages for an injury that does not result in death.[1] A court or insurer works through a claim head by head, not as one lump sum.
The main heads are pain, suffering and loss of amenities, proven out-of-pocket costs, and lost earnings up to trial. Loss of future earning capacity and the cost of future treatment or care are also included. Which heads apply depends on the injury and the evidence.
Pain, suffering and loss of amenities
General damages is the plain-language term for compensation for the pain, suffering and loss of amenities your injury has caused. Courts weigh this against the Revised Compendium of Personal Injury Awards and your medical evidence.[2] No figure from this site replaces that evidence. General damages explains how the assessment actually works.
The costs you can prove
Special damages cover bills, transport, damaged items and pre-trial lost pay that you can show. Special damages sets out what counts and why proof matters.
Lost income, before and after trial
Two separate heads deal with income. Loss of earnings covers what you missed between the accident and trial or settlement. Loss of future earning capacity looks ahead instead, at a reduced ability to earn later, generally up to age 60.[3]
Future treatment and care
Some injuries need more treatment, equipment or help at home. Future medical and care costs form a separate head for this. It is assessed on your specialist’s evidence, not on what has already happened.
What can reduce the total
Being partly at fault reduces a claim but does not remove it. When you were partly at fault explains how a court applies that reduction.
Why is no figure given here?
Every head depends on your own injury, income and evidence, so a number now would be a guess. This page shows which heads are likely to apply and what to gather for each.
What to do next
Start with your medical treatment. A clear medical report for your claim supports most of the heads above. A road accident claim walks through the wider process.
Putting the heads together is where an independent lawyer can take the claim on. Send the accident date, where it happened, whether anyone was injured (yes/no) and the police report status.
Need a lawyer to handle your injury claim?
For people seeking legal representation. For general information, please use our guides and tools.
Common questions
Does this page tell me how much my claim is worth?
No figure is given here, because every claim depends on your own injury, income and evidence. What this page does is show which heads of loss the law recognises, so you know what to gather and where to look for more detail on each one.
Can more than one head of loss apply to my claim?
Usually yes. A single injury can bring together general damages for the injury itself, special damages for costs already paid, lost earnings, and future care, all assessed separately. Most claims combine several of these rather than relying on just one.
What if I am missing evidence for one of the heads?
A gap in one area does not usually stop the rest of the claim from proceeding. It is worth gathering what you can as early as possible, since records like payslips and receipts become harder to obtain the longer you wait.
Is loss of future earning capacity the same as loss of earnings?
No. Loss of earnings covers income already missed before trial, while loss of future earning capacity looks at a reduced ability to earn going forward, generally up to age 60. The two are proven differently and can both apply to the same claim.
Sources
- Civil Law Act 1956, s.28A (Attorney General's Chambers) (accessed 2026-09-22)
- Malaysian Bar Council Circular No. 255/2018 (Revised Compendium of Personal Injury Awards, 2018) (accessed 2026-09-22)
- Skrine, The Civil Law (Amendment) Act 2019 Age limit raised from 55 to 60, in force 1 September 2019 (Act A1591) (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.