Drafting a statement of claim in a

tort action does not require any

particular form of words or any
STATEMENT OF CLAIM particular order in pleading the
relevant facts of a case.
1. On 8.4.2009, the Plaintiff was driving a motor-car bearing
The main purpose is to summarise
registration No. MAT6627 along Jalan Ayer Keroh at or about 10.45 the factual matrix of the claim.
p.m. when the Defendant drove, managed and controlled his Important facts include: the date,
motor-van bearing registration No. MR2766 in the same direction time, and locale of the accident, the
in a manner that caused the said motor-van to come into contact identities of the parties involved (eg
and collide with the said motor-car and to cause the said motor-car driver, owner, passenger, pillion
rider, pedestrian, witness), the
to come into contact or to collide with a crash barrier or road
vehicle registration numbers, and
divider in the middle of the road.
convictions.

2. The matters referred to in paragraph 1 hereof were caused by the The statement of claim must allege
negligence of the Defendant. that the accident was caused by the
negligence of the defendant(s).
Particulars of Negligence

(a) Driving at a speed that was excessive under road traffic Particulars of the negligence of the
regulations and/or excessive in the circumstances; defendant(s) must be set out in full.

(b) Attempting to overtake the said motor-car on the left-hand

side of the said motor-car;

(c) Driving too close to the said motor-car;

(d) Failing to properly control the said motor-van;

(e) Failing to keep any or any proper lookout or to have any or

any sufficient regard for other traffic travelling in the same
direction on the said road;

(f) Failing to take account of the path of the said motor-car on the
said road or otherwise notice the presence of the said motor-
car;

(g) Failing in the circumstances to exercise or maintain any or any

proper or effective or cautious control of the said motor-van.

3. By reason of the matters aforesaid, the Plaintiff sustained severe The statement of claim must allege
injuries and has suffered loss and damage. that the plaintiff(s) sustained injuries
and suffered loss and damage
Particulars of Injuries because of the accident.

Particulars of injuries and special

(a) Severe crush injury to right ankle and right foot. damages should be given.

(b) Compound grade III B supracondylar fracture right femur.

(c) Compound grade I fracture proximal shaft right femur.

(d) Closed fracture superior and inferior pubic rami.

(e) Fracture right patella.

(f) Laceration wound right inguinal region, 1 cm.

(g) Stiff right knee with range of movement up to 10–40 degrees.

 Special damages are damages
incurred in respect of monetary loss
actually suffered or expenditure
actually incurred as a result of the
injury. Special damages for personal
injury are pre-trial pecuniary losses.
Particulars of Special Damages Ordinarily this would include medical
and transportation expense,
(a) Medical expenses RM85,300 property damage as well as pre-trial
loss of earnings/profits.
(b) Loss of income at RM2,500 p.m from RM25,000
9.4.2009 to 8.2.2010 (and continuing) Special damages must be pleaded:
evidence of special damages cannot
be led at the trial unless it is
(c) Damage to motor-car RM17,375
specifically pleaded.
_________
Special damages must be
RM127,670 adequately particularised: in
_________ accident cases, particulars must be
given so that the defendant is able
to identify the accident and to know
what case he has to answer.
And the Plaintiff claims:
Special damages, general damages,
interest and costs are included in the
(a) Special damages in the sum of RM127,670;
prayer.

(b) General damages;

(c) Interest;

(d) Costs;

(e) Such further or other relief as this Honourable Court deems just.

Dated this 9 day of February 2010 Pleadings should be dated. Dates

must be in figures and not in words.

..………………………………………
Pleadings must be signed by the
Solicitors for the Plaintiff
party or by the party’s solicitor

This Statement of Claim is filed by Messrs Rose & Rengga, Solicitors for the
Plaintiff whose address of service is No 7, 2nd Floor, Jalan PM 3, Plaza Pleadings must be indorsed with the
solicitor’s name and address.
Mahkota, 75000 Melaka.