Making a home care claim
You now need someone to help you at home because of injuries from the accident.
Needing help at home after a road accident is a real cost. A road accident claim can cover it under future care, for a few weeks or indefinitely, whether the help comes from a paid caregiver or family.
What is a home care need?
It is help with everyday tasks you can no longer manage safely alone, such as bathing, dressing, preparing meals or getting in and out of bed. It usually follows surgery, a serious fracture, or a lasting mobility or cognitive impairment. It can be short-term during recovery or ongoing.
How does it affect daily life and work?
Relying on someone else for basic tasks affects independence. Where a spouse or adult child gives the care, they often cut their own work or rest. That is part of the real cost of the injury.
What evidence and specialist report do you need?
An occupational therapist or rehabilitation specialist should assess which tasks you need help with and roughly how many hours a week. This feeds into the medical report for your claim. A simple diary of what help was given and by whom is useful, especially where family provides the care.
How it factors into your claim
Future care is its own head of loss under section 28A of the Civil Law Act 1956, separate from medical treatment costs. It is assessed on the specialist’s evidence of your needs, rather than the Revised Compendium ranges used for pain and suffering[1].
Where the injury also affects your own ability to earn, a future earning capacity claim may apply as well. This is generally available up to age 60[2]. The future care claim and how compensation is worked out explain how these fit together.
How long will care be needed?
Some people need intensive help for a defined period after surgery, then manage with less or none. Others, particularly with a permanent disability, need help long-term. The claim should reflect which is true for you.
What to do next
Ask for an occupational therapy assessment as soon as your care needs become clear. Needs can be reassessed later if they change. The general deadline to bring a personal injury claim is six years from the accident in Peninsular Malaysia[3].
If surgery is also expected, claiming for future surgery covers that cost. Permanent disability explains how a lasting condition is assessed.
An independent lawyer can take the claim on and arrange the evidence. 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 home care only count if I pay a professional caregiver?
No. Care provided by a spouse, parent or other family member can still be reflected in a claim, based on the medical and occupational therapy evidence of what is actually needed. It does not need to be paid, formal care to have value.
How long does home care usually need to be claimed for?
This depends entirely on your injury and recovery. Some people need intensive help for a few months after surgery and then manage independently, while a permanent injury may mean ongoing support is needed indefinitely, which a specialist assessment should address directly.
What does an occupational therapist actually assess for this kind of claim?
They typically look at what daily tasks you can no longer manage alone, such as bathing, dressing, cooking or getting around the home, and estimate how many hours of help are reasonably needed. This turns a general sense of struggling into specific, usable evidence.
Can the need for care change over time, and does that affect the claim?
Yes, and this is normal. An early assessment might show intensive short-term needs, while a later one reflects a more settled, long-term picture. Updating the evidence as your situation changes helps the claim reflect what you actually need, not an outdated snapshot.
Sources
- 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)
- Limitation Act 1953, s.6(1)(a) (Government of Malaysia) (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.