Civil Law (Amendment) Act 2019

The Civil Law (Amendment) Act 2019 was published in the Gazette on 31 May 2019. There are a few major changes to note:

1. Persons with disabilities - refer to meaning in Persons with Disabilities Act 2008. [1]

2. Previously, if a person has died caused by wrongful act (neglect or default), under s7(2) only parents, spouse and child can claim. Now, it includes "any person with disabilities under the care" of the deceased.

3. Previously, no loss of earnings (after death of person or after personal injury) shall be considered if his age exceeds 55. With the amendment, the age is increased to 60.

4. The upper limit of multiplier for loss of future earnings in a claim for damages (for both loss of dependency and personal injury) is increased to 60.

5. In relation to personal injury, good health before injury is NO LONGER a criteria of assessing loss of earnings, as long as he was working before death.

6. Bereavement is increased to RM30,000 - and now 'spouse', 'parents' and 'child' can claim (previously only spouse can claim if deceased was married, or parents can claim if deceased was under 18 and single).

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[1] “persons with disabilities” include those who have long term physical, mental, intellectual or sensory impairments which in interaction with various barriers may hinder their full and effective participation in society;