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Insurance Litigation · Catastrophic Injury

Minimally conscious, not vegetative. The distinction that shaped a RM1.3 million capping strategy.

Practice Area
Insurance Litigation
Year
2026
Outcome
GD capped at RM300k; total strategy under RM1.3m at 50%

V.P. Nathan & Partners advised a major insurer in a catastrophic injury matter where the plaintiff had been left bedridden following a severe collision at a road junction. The central classification issue — whether the plaintiff was in a persistent vegetative state or a minimally conscious state — carried a difference of hundreds of thousands of ringgit in the applicable general damages bracket.

V.P. Nathan & Partners established the correct clinical classification as minimally conscious, and recommended a general damages cap of RM300,000 aligned with the applicable Judicial Appointments Commission Compendium range. The total defensible strategy, structured at 50% liability, was kept under RM1.3 million.

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