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Personal injury laws in Kuala Lumpur provide legal rights to people who have sustained physical or psychological harm due to the negligence or intentional acts of another. These laws aim to compensate the injured party for their suffering and losses, including medical expenses, lost income, property damage, pain, and suffering. If you have been injured and believe another party is at fault, you may consider pursuing a personal injury claim.
Navigating the legal process can be challenging following an injury, especially if you are dealing with medical treatments or loss of income. An experienced lawyer can provide valuable assistance in understanding your legal rights, evaluating the potential value of your claim, and negotiating with insurance companies. Furthermore, a lawyer can represent you in court if your case goes to trial.
The Malaysian law is based on the Tort Law System, meaning compensation for personal injury claims is based on the principle of restoring the injured party to the position they were in before the accident. If the claim is successful, the liable party or their insurance company pays compensation. No-fault liability also exists in some circumstances, where compensation can still be claimed even if the injured party contributed to the accident.
In Malaysia, the Limitation Act 1953 provides a time limit of six years from the date of the accident to file a personal injury claim. But it's always best to start the legal process as soon as possible to preserve evidence and witness testimonies.
In circumstances of contributory negligence, where the victim has also contributed to their injury, the Malaysian court can still award compensation but reduce the amount according to the degree of fault assigned to the injured party.
Not all personal injury claims require court proceedings. Many cases are settled out of court through negotiation or mediation. In cases where settlement isn't reached, or if the injury is severe, the case may need to go to court.
Personal injury compensation in Malaysia can cover different types of damages, including: medical bills, pain and suffering, loss of future earnings, actual loss of earnings, and sometimes, emotional distress.
Most personal injury lawyers in Malaysia work on a 'no win, no fee' basis. This means that if you do not win your claim, you do not need to pay your lawyer's fees. It's important to clarify this with your lawyer before proceeding with your case.
You may seek guidance or further information about personal injury in Malaysia, from the following institutions: The Malaysian Bar, Legal Aid Centre (LAC), or the Malaysian Judicial Academy (MJA). Please note the real-life circumstance may different, thus professional advice is always the best way to resolve matters.
If you need legal assistance in a personal injury case, it's crucial to consult with an experienced personal injury lawyer as soon as possible. Make sure to collect all relevant evidence like medical reports, photographs of injuries or the accident scene, and witness names and contact information. Your lawyer will guide you through the process and help protect your rights.
