Section 28A

Section 28A of the Civil Law Act 1956 is the provision that governs how a Malaysian court assesses damages for someone injured in an accident who survives it.

It covers pain, suffering and loss of amenities, special damages, loss of earnings up to trial, and loss of future earning capacity, each assessed on the claimant’s own medical and financial evidence rather than a fixed formula.^[1] These heads are explained in more depth under general damages.

Because the section relies on evidence rather than a set tariff, the quality of your medical report matters more than any guess at a figure.

The section also sets an age limit and a fixed method for calculating future earning capacity, so a claimant nearing retirement age should check how it applies to them.