The right to compensation for injury may lapse after a certain period. It is of great importance to be aware of the limitation periods and to take timely steps to protect your claim.
Limitation Periods
In personal injury cases, specific periods apply for filing a claim.
General Rule
| Category | Duration | Starting Point |
|---|---|---|
| Short term | 5 years | Moment of awareness of damage and liable party |
| Long term | 20 years | Date of the incident causing damage |
Specific Periods
| Circumstance | Duration | Additional Information |
|---|---|---|
| Minors | 5 years after 18th birthday | Period starts upon majority |
| Under guardianship/conservatorship | Extended period | Protection for those lacking legal capacity |
| Criminal offenses | Until end of criminal proceedings | At least equal to criminal law period |
| Employer's liability | 5 or 20 years | Standard periods apply |
| Product liability | 3 or 10 years | More limited periods |
Start of Limitation
The moment at which the limitation period begins plays a crucial role.
Awareness of Damage
The 5-year period only starts when the injured person:
- Is aware of the damage
- Knows who is responsible
- Is able to file a claim
Long-term or Late Damage
In cases of damage that only becomes apparent after a long time, such as occupational diseases or delayed injury consequences, the period may start later. Examples include:
- Asbestos-related diseases (visible decades later)
- Post-traumatic stress disorder (possibly diagnosed years later)
- Indirect damage from prior injury
Interrupting Limitation
It is possible to interrupt the limitation, thereby starting a new period.
Methods for Interruption
| Method | Conditions | Result |
|---|---|---|
| Written notice | Clear statement | New 5-year period |
| Debtor's consent | Acknowledgment of liability | New 5-year period |
| Legal action | Summons or application | New 5-year period |
Requirements for Interruption
An interruption action must meet specific criteria:
- Written form (preferably sent by registered mail)
- Explicit reservation of rights
- Specific mention of the claim
- Addressed to the correct party
Irreversible Limitation
The 20-year period is definitive and cannot be interrupted.
Exceptional Situations
In rare cases, reliance on limitation may be considered unreasonable (Article 6:2(2) BW). This applies, for example, in cases of:
- Serious criminal offenses
- Injured party's ignorance of damage
- Fraud by the liable party
Practical Consequences
Allowing a claim period to lapse has serious consequences.
Effects of Limitation
- No longer entitled to compensation
- Insurers may refuse payment
- No further legal action possible
- Received amounts may be reclaimed
Advice to Prevent Limitation
- Immediately hold the liable party accountable by letter after an incident
- Note the limitation periods in your planning
- Interrupt limitation well before the deadline
- Keep all correspondence and proof of dispatch safe
- Consult a legal expert if uncertain
- Interrupt also during ongoing negotiations
Sample Letter for Interruption
Model Text Interruption Letter
Dear [name],
Regarding the incident on [date] in which I sustained injury, I inform you as follows.
I explicitly reserve the right to hold you liable for all current and future damage resulting from this event. With this letter, I interrupt the limitation of my claim.
Please confirm receipt of this letter in writing.
Local Information Utrecht
For legal support in Utrecht, you can contact:
- District Court Midden-Nederland: Vrouwe Justitiaplein 1, Utrecht
- Juridisch Loket Utrecht: Catharijnesingel 55, Utrecht