Personal injury to young children requires extra care and attention. The long-term impact is often difficult to predict and there are specific rules for legal representation and limitation periods.
Special Rules for Minors
Minors (under 18 years) cannot take legal action themselves or enter into agreements. This is done by their parents or legal guardians.
Legal Representation
| Age Group | Representative | Additional Information |
|---|---|---|
| 0-12 years | Parents or guardian | Child has no say |
| 12-16 years | Parents or guardian | Child can give opinion |
| 16-18 years | Parents or guardian | Child has more say |
| 18+ years | Own responsibility | Full independence |
Damage Components for Children
Determining damage for children is more complex than for adults due to uncertainties about their future.
Important Damage Items
Future Loss of Income
For children, the future career is still unclear, which makes calculations complicated. Factors that play a role are:
- Average education level of the parents
- School performance and talents of the child
- Statistics on income growth
- Regular review of the estimate
Care Costs
Children with permanent injuries may need lifelong support, such as:
- Medical care and rehabilitation
- Aids and home adaptations
- Supervision at school
- Personal assistance
- Future living arrangements
Pain and Suffering Compensation for Children
Pain and suffering compensation for children takes into account unique aspects, such as:
- Loss of opportunities in development
- Long-term impact of limitations
- Effect on social contacts
- Missing school and youth experiences
Limitation Periods for Minors
There are adapted rules for limitation to protect minors from premature loss of rights.
Overview of Limitation
| Type of Claim | Period | Starting Point |
|---|---|---|
| Regular claim | 5 years | Day after 18th birthday |
| Long-term limitation | 20 years | Date of the incident |
| Crime (known perpetrator) | Not before 18th + 5 years | Day after 18th birthday |
Note: The limitation period only starts after the child's 18th birthday, so that their rights do not expire before they can act themselves.
Periodic Damage Settlement
In cases of serious injuries to children, a phased settlement is often chosen instead of a one-time arrangement.
Advantages of Phased Settlement
- Flexibility to adapt to growth and development
- Better estimation of damage at a later age
- Avoidance of too low or too high compensation
- Room for unforeseen circumstances
Possible Disadvantages
- Long-term legal involvement
- Repeated evaluations required
- No immediate closure of the case
Court Approval
In some cases, court approval is required to safeguard the child's interests.
When is Approval Required?
- When concluding a final agreement
- Waiving legal rights
- Major financial decisions
- Doubt about adequate representation by parents
Management of Compensation Amounts
Compensation amounts for minors must be managed in a responsible manner.
Ways of Management
| Type of Management | Suitable for | Control |
|---|---|---|
| Management by parents | Small amounts | No official control |
| Blocked savings account | Medium amounts | Bank, release after 18 years |
| Administration order | High amounts | Supervision by the sub-district court |
| Foundation management | Complex cases | Board of the foundation |
Advice for Personal Injury in Westland
- Engage an expert quickly for guidance
- Keep track of the child's progress and development
- Consider a phased settlement for uncertain prospects
- Arrange a safe way to manage the compensation
- Involve the child, if possible, in decisions
- Pay attention to the emotional burden on the family
Contact and Support in Westland
For legal assistance, you can go to the Juridisch Loket Westland. For cases that go to court, Westland falls under the District Court of The Hague.