The Development of an actuarial approach to calculate damages for loss of future earnings

The current practice of Malaysian courts in calculating the award of damages for loss of future earnings in personal injury and fatal accidents claims is the conventional multiplier-multiplicand approach without admitting any actuarial evidence. The objective is to calculate an appropriate amount to compensate the plaintiff which will restore to the position he would have been in if that particular damage had not occurred. This article attempts to develop actuarial models using the concept of human life value that can be used as a guide to determine the amount of loss of future earnings. We believe this is where actuarial scientists need to play a role in developing a new scientific model in order to acquire an appropriate amount of award, which is relevant and satisfy both plaintiff and defendant.