A claim for personal injury may become time-barred. If the period has passed, you can no longer claim compensation. It is crucial to take steps in time.
Periods for Limitation
| Scenario | Duration | Start Moment |
|---|---|---|
| Standard claim | 5 years | Day after discovery of damage and responsible party |
| Maximum period | 20 years | Day after the incident |
| Government as responsible party | 5 years | Day after knowledge |
| Intentional crime | No limitation | N/A |
Discovery of Damage
The 5-year period starts when you:
- Are aware of the damage
- Know who is responsible
In cases of injury that comes to light later, such as occupational diseases or asbestos, the start of the period may be postponed.
Interrupting Limitation
Limitation can be interrupted by:
- Sending a written reminder or interruption letter
- Starting legal proceedings
- If the counterparty acknowledges liability
After interruption, a new 5-year period begins.
Advice to Avoid Limitation
- File your claim as soon as possible after the incident
- Send registered interruption letters regularly
- Keep good records of proof of your actions
- Consult a lawyer for complicated cases
Limitation and the Court
A court does not apply limitation automatically. The counterparty must raise it themselves. Sometimes, reliance on limitation may be considered unreasonable.
What if I am too late with my claim?
If the period has expired, you can usually no longer claim damages. In rare cases, reliance on limitation may be rejected due to unreasonableness.What about minors?
For minors, the limitation period only starts upon reaching majority. They thus have until 5 years after their 18th birthday to file a claim.How do I interrupt limitation correctly?
Send a registered letter in which you clearly state that you reserve your right to compensation. Keep the proof of posting and a copy of the letter.Frequently Asked Questions
How long can I wait with a personal injury claim?
The standard period is 5 years, starting from the moment you know of the damage and the responsible party. After this period, claiming is no longer possible.
When does limitation start?
The period begins the day after the moment you are aware of the damage and the liable party. This may be later for injury that only becomes clear after some time.
What if the injury only becomes visible after years?
For injury that occurs later, such as with chronic conditions, the period only starts from that moment of discovery.
Can I stop limitation?
Yes, by sending a letter of claim or starting a lawsuit. This resets the period to a new 5-year period.
How do I prevent limitation?
Send a written notice of liability or start proceedings. This interrupts the period, after which you have another 5 years.
Do the same rules apply to all personal injury?
In general, the period is 5 years, but under specific laws such as article 185 Road Traffic Act, other rules may apply.
Summary
Personal injury claims become time-barred after 5 years from the moment you know of the damage and the responsible party. Quick action is essential, and the period can be interrupted. For injury discovered later, the period starts anew.
Key Points
- Limitation period: 5 years after knowledge of damage
- Does not necessarily start on the day of the incident
- Later discovered injury shifts the start date
- A notice of liability stops limitation
- After interruption, a new 5-year period begins
- Quick action is always recommended
Relevant Institutions in Utrecht:
District Court Midden-Nederland, Vrouwe Justitiaplein 1
Juridisch Loket Utrecht, Catharijnesingel 55