What special damages cover
You have real bills and receipts and want to know what you can recover.
Special damages is the plain-language term for reimbursement of costs you have already paid, like bills and lost pay. General damages compensates the injury itself; this head only pays for losses you can point to and prove with a document. If you cannot show it, it generally will not be included.
What counts as special damages
Medical bills, transport to treatment, damaged clothing or belongings, and pre-trial lost pay are the most common items. Section 28A of the Civil Law Act 1956 treats these as losses that must be specifically pleaded and proved, not estimated.[1]
Why proof matters so much here
A court generally will not guess at an amount for this head of loss the way it can weigh a range for pain and suffering. Every ringgit claimed needs a receipt, invoice, or equivalent record behind it.
This is the head of loss most often reduced simply because paperwork went missing, not because the cost was not real.
The documents that actually support it
- Hospital and clinic bills, including private treatment.
- Receipts for medication, dressings and mobility aids bought during recovery.
- Transport receipts or a mileage record for hospital visits.
- Payslips or an employer’s letter confirming pay lost before trial.
- Receipts for damaged personal items such as a phone, helmet or clothing.
Keeping receipts for your claim goes through how to organise these so nothing is missed.
How it differs from later, future losses
Special damages only covers losses up to trial or settlement. Anything expected afterwards, such as ongoing treatment or reduced future earning ability, falls under different heads instead. How compensation is worked out sets out where each one sits.
What to do next
Start a simple folder, physical or digital, from the day of the accident, and add every receipt as it comes in. Out-of-pocket costs you can claim lists common items people forget to keep proof of.
If income is part of what you lost, proving your lost income covers the specific evidence that head needs.
Common questions
What happens if I lost a receipt for something I paid for?
It becomes harder, not impossible, to include. A bank or card statement showing the payment, or a duplicate invoice from the provider, can sometimes stand in for a lost receipt. Starting to keep every document now protects the rest of the claim.
Can I claim for time I took off work without pay before trial?
Yes, provided you can show it with payslips, an employer's letter, or equivalent records. This sits within special damages as pre-trial loss of earnings, separate from any future loss of earning capacity.
Does special damages include the cost of getting my medical report?
Reasonable costs connected to producing evidence for the claim, such as obtaining medical records or reports, are often included. Keep the invoice or receipt for this cost like any other.
Is there a minimum amount before something counts as special damages?
No fixed minimum applies. Small, genuine costs still count, provided you can prove them, though very small unreceipted amounts can be harder to include without any record at all.
Sources
- Civil Law Act 1956, s.28A (Attorney General's Chambers) (accessed 2026-09-22)