Personal injury for children requires extra care and expertise. The long-term impact is often unpredictable and there are specific rules for representation and limitation periods.
Unique Situation of Minors
Children under the age of 18 cannot independently take legal steps or enter into agreements. This is done by their parents or legal representatives.
Representation of Children
| Age Group | Representation | Remarks |
|---|---|---|
| 0-12 years | Fully by parents/guardian | Child is not involved |
| 12-16 years | Parents/guardian | Child can give opinion |
| 16-18 years | Parents/guardian | Child has more say |
| 18+ years | Independent | Child takes over the case itself |
Damage Components for Children
Determining damage for minors is often more complex than for adults due to uncertainties about the future.
Important Damage Items
Loss of Future Income
For young children, it is difficult to predict what career they would have had. The calculation of income loss takes into account:
- Average education level of the parents as a basis
- School results and talents of the child
- Statistics on income growth
- Reassessment at later moments
Care Costs
Children with permanent injuries may need long-term care, such as:
- Medical care and rehabilitation
- Special aids and home adaptations
- Support in education
- Personal assistance
- Provisions for later life
Pain and Suffering Compensation for Children
Pain and suffering compensation for children is assessed with extra attention to:
- Loss of opportunities in development
- Long-term impact of limitations
- Effect on social interactions
- Disrupted school career and missed moments
Limitation Periods for Minors
Special rules for limitation provide extra protection for minors in Utrecht and beyond.
Specific Periods
| Type of Claim | Limitation Period | Start Date |
|---|---|---|
| Regular claim | 5 years | Day after 18th birthday |
| Absolute period | 20 years | Date of the incident |
| Crime (perpetrator known) | Not before 18th + 5 years | Day after 18th birthday |
Note: The limitation period only starts after the 18th birthday, so that the child is not disadvantaged by time limits.
Periodic Damage Settlement
In cases of serious personal injury to children, a phased settlement is often chosen instead of a one-time arrangement.
Advantages of Phased Settlement
- Flexibility to adapt to the child's growth
- Uncertainties about the future are better accommodated
- Damage can be determined more accurately as the child gets older
- Prevents too low or too high a payout
Possible Disadvantages
- Long-term legal involvement
- Repeated evaluations are necessary
- No immediate closure of the case
Judicial Approval
For some decisions, approval from the court in Utrecht is required to safeguard the child's rights.
When is Approval Required?
- Definitive settlement agreements
- Waiving legal rights
- Important financial choices
- Doubt about the parents' representation of interests
Management of Payouts
Damage compensations for minors must be carefully managed in Utrecht to prevent abuse.
Ways of Management
| Type of Management | Suitable for | Control |
|---|---|---|
| Management by parents | Lower amounts | No official control |
| Blocked bank account | Higher amounts | Bank, release after 18 years |
| Administration order | Very high amounts | Supervision by district court |
| Foundation for management | Complex cases | Board of the foundation |
Advice for Children's Personal Injury in Utrecht
- Engage a specialised lawyer quickly
- Keep track of the child's progress and development
- Consider phased settlement for unclear future
- Ensure a safe method of managing the compensation
- Involve the child as much as possible in choices
- Pay attention to the psychological impact on the whole family
Local Information in Utrecht
For legal support, you can go to:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht