Tort victims and Damages in Malaysia

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Tort Victims

Tort victims suffering from a personal injury can recover all their damages (past-present-future) normally during a single lawsuit. In the Malaysian case of Kee Su Ngoy v The Bok [1989]  which concerned the employer’s deviance and ultimate liability concerning the health and safety requirement, wherein the employer was ordered to pay compensation to the plaintiff due to negligence.

Hence, emotional, physical and psychological damages can also be recovered. Such injuries include; out-of-pocket expenses, pain and suffering, impairment of earning capacity, medical costs, disfigurement, embarrassment, humiliation, distress, and lost wages or profits. To recover the cost of damage to personal property, the plaintiff must select any of the two recovery methods.

These methods are:

(a) the plaintiff might want to recover the amount of value between the property value before tort and the property value after it,

(b) the plaintiff can nominate someone to elect and convalesce the costs for repairing the personal property that is damaged or harmed.

Nevertheless, if plaintiff’s property is economically not feasible to repair, destroyed or irreparable, damages are measured by replacing property value. Individuals who are deprived of personality have the power to sue to cover the rental value of the property for the deprived period. Damages to injury to real property can be calculated by differentiating reality value of before as well as after the tort.  On the other hand, the plaintiff might also aim to recover the cost of restoring the property to original condition. Plaintiffs can also recover the rental value if its enjoyment and utilization are affected by tortious behavior. Compensation is also provided for any physical, a mental and emotional injury suffered during the process of tortious injury to real property.