Assessment of damages

Assessment of damages is the stage of a court claim where the value of the compensation is worked out, usually after liability, meaning who was at fault, has already been decided or agreed.

At this stage the court looks closely at medical reports, income records and other evidence to reach a figure under Section 28A of the Civil Law Act 1956, a process explained in how compensation is calculated in Malaysia. Liability and assessment can sometimes be dealt with separately to speed up a straightforward case.

The strength of your evidence at this stage generally matters more than the arguments over fault ever did.

A separate hearing date is often fixed for this stage alone, distinct from any earlier hearing that dealt only with liability.