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 the law actually recognises
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] It groups the possible heads of loss into a set list. A court, and an insurer, can then work 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. Not every claim uses every head; it depends on the injury and the evidence available.
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 the bills, transport, damaged items and pre-trial lost pay you have already paid or lost. It only pays where you can show it. Special damages sets out what counts and why proof matters here more than anywhere else.
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 does not remove your claim. It can reduce it instead. When you were partly at fault explains how a court applies that reduction, and why no percentage can be promised in advance.
Why this site will not give you a figure
Every head above depends on your own injury, income and evidence. A number offered before that evidence exists would be a guess, not a fact. What this site can do is show which heads are likely to apply, and what to gather for each one.
What to do next
Start with your medical treatment. A clear medical report for your claim supports most of the heads above. From there, a road accident claim walks through the wider process.
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)