The Personal Injury Letter of Claim is a fundamental document in Malaysian personal injury litigation, serving as the first formal step in pursuing compensation for personal injuries. It must be issued in compliance with Malaysian civil procedure rules and pre-action protocols, typically within the three-year limitation period set by the Limitation Act 1953. The letter should comprehensively detail the accident circumstances, injuries sustained, financial losses incurred, and the legal basis for the claim. It plays a crucial role in promoting early settlement discussions and avoiding unnecessary litigation, as it provides the defendant with sufficient information to investigate the claim and consider their position. This document is essential for various types of personal injury cases in Malaysia, including workplace accidents, road traffic incidents, and public liability claims.
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1. Sender and Recipient Details: Full names and addresses of the claimant's solicitors and the defendant/potential defendant
2. Date and Reference: Current date and your file reference number
3. Claimant Details: Full name, address, and relevant personal details of the claimant
4. Incident Details: Clear description of when, where, and how the incident occurred
5. Basis of Claim: Legal basis for the claim and allegations of negligence or breach of duty
6. Injuries Sustained: Detailed description of injuries suffered and current medical condition
7. Financial Losses: Summary of special damages and financial losses incurred
8. Settlement Proposal: Proposed amount for settlement or range for negotiation
9. Required Response: Timeframe for response and proposed next steps
1. Witnesses: Details of witnesses to the incident - include when witnesses are available
2. Insurance Details: Relevant insurance information - include when insurance is involved
3. Pre-existing Conditions: Discussion of any relevant pre-existing medical conditions - include when applicable
4. Third Party Involvement: Details of any third parties involved - include when other parties are relevant to the claim
5. Interim Payment Request: Request for interim payment - include when immediate medical expenses or urgent needs exist
6. Rehabilitation Needs: Details of rehabilitation requirements - include when ongoing treatment is needed
1. Medical Records: Copies of relevant medical reports and records
2. Photographic Evidence: Photos of injuries, accident scene, or relevant locations
3. Financial Documentation: Receipts, invoices, and proof of financial losses
4. Witness Statements: Written statements from witnesses (if already obtained)
5. Expert Reports: Any existing expert reports or assessments
6. Police Report: Copy of police report if applicable
7. Employment Records: Documents proving loss of earnings or employment impact
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Insurance
Healthcare
Construction
Manufacturing
Transportation
Retail
Hospitality
Sports and Recreation
Education
Mining
Oil and Gas
Property Management
Public Sector
Relevant Teams
Legal
Risk Management
Compliance
Human Resources
Operations
Health and Safety
Insurance
Corporate Affairs
Claims Processing
Occupational Health
Relevant Roles
Legal Counsel
Claims Manager
Risk Manager
Compliance Officer
Insurance Underwriter
Health and Safety Manager
Human Resources Director
Legal Secretary
Paralegal
Corporate Secretary
Operations Manager
Facility Manager
Insurance Claims Adjuster
Medical Legal Advisor
Occupational Health Officer
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