Accident - Death
In assessing claims in accident cases which involved death, we must advice our client that they are not entitled to claim from the respondent the amount derived from
i- Insurance
ii- EPF
iii- Pensions or gratuities
iv- Any other payment made under any written law which will be received after death of the deceased. e.g Socso
These payments can only be claimed from their respective agencies and the Respondent shall not be made liable to pay damages with the inclusion of these amounts.
Three usual claims claimed by an executor are:
1- Loss of earnings
(The monthly expenses which the executor usually entitled to. This claim can only be made if the deceased was below the age of 55 years old at the time of his death. If he is 55, we must advice that the future earning will not be calculated. If the deceased was below the age of 55, we must acquire proof or testimonials to prove that he was of good health before the accident took place)
2- Funeral expenses
3- Bereavements (fixed RM 10,000)
(The effect of the loss. Only spouses (if the deceased was married) and parents (if the deceased was a minor and never married) are entitled for this claim. If the deceased are not married at the time of the death, the bereavements shall be divided equally between the father and mother subject to any costs and expenses deductions)
The prospect of increment of salary shall not be taken into consideration when assessing the claim for loss of earnings. Only the salary at the time of death shall be taken into account.
Diminution means the amount that will be deducted from the salary. For example the amount that the deceased used to spend on himself will be deducted.
(further reading: Civil Law Act 1956 Section 7)
i- Insurance
ii- EPF
iii- Pensions or gratuities
iv- Any other payment made under any written law which will be received after death of the deceased. e.g Socso
These payments can only be claimed from their respective agencies and the Respondent shall not be made liable to pay damages with the inclusion of these amounts.
Three usual claims claimed by an executor are:
1- Loss of earnings
(The monthly expenses which the executor usually entitled to. This claim can only be made if the deceased was below the age of 55 years old at the time of his death. If he is 55, we must advice that the future earning will not be calculated. If the deceased was below the age of 55, we must acquire proof or testimonials to prove that he was of good health before the accident took place)
2- Funeral expenses
3- Bereavements (fixed RM 10,000)
(The effect of the loss. Only spouses (if the deceased was married) and parents (if the deceased was a minor and never married) are entitled for this claim. If the deceased are not married at the time of the death, the bereavements shall be divided equally between the father and mother subject to any costs and expenses deductions)
The prospect of increment of salary shall not be taken into consideration when assessing the claim for loss of earnings. Only the salary at the time of death shall be taken into account.
Diminution means the amount that will be deducted from the salary. For example the amount that the deceased used to spend on himself will be deducted.
(further reading: Civil Law Act 1956 Section 7)
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