By:
Bryan Lui (Co-Managing Partner) [bryanlui@luibhullar.com]
Harneshpal Karamjit Singh (Co-Managing Partner) [harnesh@luibhullar.com]
Syarisa Elisa (Associate) [syarisa@luibhullar.com]
Sarah's routine was upended when a speeding car ran a red light and crashed into her vehicle, leading to hospital visits, medical bills, and a painful recovery. Facing financial strain, she wondered how to seek justice. In Malaysia, personal injury claims provide a legal means for individuals like Sarah to pursue compensation for injuries caused by others' negligence.
This article delves into the essential aspects of personal injury claims in Malaysia, offering guidance on protecting your rights and obtaining the compensation you deserve.
1. What kind of damages / compensations can be claimed for personal injuries?
Basically, in Malaysia, there are two (2) types of damages / compensations that you can claim, namely: -
a) Special damages : refer to actual losses that can be quantified in monetary terms and are suffered by you. In other words, they encompass the out-of-pocket expenses incurred by you after sustaining injuries. Examples include medical expenses, nursing care, prosthetics, and other medical costs, loss of personal belongings, transport expenses, and loss of earnings. Essentially, special damages cover anything you need to spend when you are injured and can no longer maintain your normal routine.
b) General damages : refers to compensation awarded for non-monetary losses that you suffer as a result of an injury. Unlike special damages, which covers quantifiable financial losses, general damages address the broader impact of the injury on your life such as physical pain and emotional suffering and loss of enjoyment of life.
2. Documenting your personal injuries and keeping records
In personal injury claims, it is crucial for you to document every injury suffered. Medical reports and photos play a vital role in strengthening your claim and establishing the extent of your injuries. Especially when filing a claim with an insurance company, all of these documents are needed as proof.
In Malaysia, there is a compendium of personal injury awards by the Bar Council Malaysia and case laws for reference by lawyers. With the existence of medical reports and pictures of your injuries, your appointed lawyers can help in ascertaining or accessing the claims for the injuries based on the compendium or case laws before issuing an official letter to the insurance company.
3. Who will pay for the personal injuries claim?
In personal injury cases, the compensation for your injuries is typically paid by the insurer of the person or entity that caused the injury. This means that if you were injured due to someone else's negligence, their insurance company would be responsible for covering the costs associated with your claim, such as medical expenses, lost income, and other related damages.
4. Settlement through negotiations
Once all necessary documents are gathered, your appointed lawyers will issue a letter to the insurance company, including vital documents such as the police report, JPJ search, injury photos, medical reports, and specialist reports. This letter will also contain the lawyer’s opinion on liability and quantum, outlining how much compensation the insurance company should pay based on your documented injuries. The process typically involves several steps:
a) Submission of demand letter: Your lawyer sends a comprehensive demand letter to the insurance company, detailing your injuries, supporting evidence, and the proposed compensation amount.
b) Review by the Insurance Company: The insurance company reviews the submitted documents and the lawyer’s opinion on liability and quantum.
c) Negotiations: Both parties enter into negotiations to agree on a fair settlement amount. This may involve back-and-forth discussions, with the insurance company possibly making a counteroffer.
d) Settlement Agreement: Once an agreement is reached, a settlement agreement is drafted and signed by both parties, concluding the claim process without the need for a court trial.
5. What if the negotiation failed?
If the parties fail to reach a fair settlement, you may proceed to commence a case in court and go for a full trial. Here, your lawyer will prepare all the necessary papers that need to be filed in court. During the trial, both sides will present their evidence and arguments. Witnesses, such as yourself, your family members, or other individuals who witnessed your injury, may be called to testify. Experts might also be brought in to support your claims. A judge or jury will then evaluate the evidence and make a decision regarding liability and the amount of compensation.
Navigating a personal injury claim in Malaysia can be a complex and challenging process, but understanding the key aspects can significantly enhance your chances of securing the compensation you deserve. From documenting your injuries and negotiating with insurance companies to pursuing legal action if necessary, each step plays a crucial role in building a strong case.
By gathering thorough evidence, seeking expert legal advice, and being aware of your rights and options, you can effectively manage the aftermath of an injury and work towards a fair resolution. With the right approach, you can ensure that your claim is handled efficiently and that you receive the compensation needed to cover your losses and support your recovery.
Please contact us for a free consultation via WhatsApp (+60143000960) or E-mail (admin2@luibhullar.com) for any queries regarding Personal Injuries ('PI') matters.
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