A claim for personal injury can become time-barred. If the period expires, it is no longer possible to claim compensation. It is crucial to take action in time in Westland.
Periods for Statute of Limitations
| Circumstance | Period | Start Moment |
|---|---|---|
| Standard claim | 5 years | Day after becoming aware of the damage and the responsible party |
| Maximum period | 20 years | Day after the incident that caused the damage |
| Government as responsible party | 5 years | Day after becoming aware |
| Intentional criminal offense | No statute of limitations | Not applicable |
Awareness of Damage
The 5-year period starts when you:
- Are aware of the damage
- Know who is responsible
For injuries that only become apparent later, such as occupational diseases or asbestos in Westland, the period may start later.
Interrupting the Statute of Limitations
It is possible to halt the statute of limitations by:
- Sending a written notification or interruption letter
- Initiating legal proceedings
- Acknowledgment of liability by the opposing party
After interruption, a new 5-year period starts.
Advice to Avoid Statute of Limitations
- File your claim as soon as possible after the incident
- Send periodic interruption letters (registered mail)
- Keep good records of proof of your actions
- Consult a lawyer in Westland for complicated cases
Statute of Limitations and the Court
The court, such as the District Court of The Hague, does not apply the statute of limitations automatically. The responsible party must invoke it themselves. Sometimes this plea may be considered unreasonable.
What if I am too late with my claim?
If the period has expired, you can usually no longer claim compensation. In exceptional situations, an invocation of the statute of limitations may be rejected on the basis of reasonableness.What applies to minors?
For minors, the statute of limitations period only starts on the day they turn 18. They then have 5 years to file a claim.How do I interrupt the statute of limitations correctly?
Send a registered letter in which you clearly state that you are preserving 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 knew about the damage and the responsible party. After this period, claiming is no longer possible.
When does the statute of limitations start?
The period begins the day after you become aware of the damage and the liable party. This is often immediately after the accident, but can be later for hidden injuries.
What if the injury occurs later?
If damage only becomes apparent after a long time, the period starts from that moment. This applies, for example, to chronic conditions.
Can I stop the statute of limitations period?
Yes, by sending a liability notice letter or starting a lawsuit. This resets the period to a new 5 years.
How do I prevent the statute of limitations?
Send a written notice of liability or initiate proceedings. This interrupts the period, giving you another 5 years.
Do the same periods apply to all personal injury?
Usually the period is 5 years, but for specific cases 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 become aware of the damage and the responsible party. Quick action is essential, and the period can be interrupted. For latent damage, the period starts later.
Key Points
- Statute of limitations: 5 years after becoming aware of damage
- Does not necessarily start on the day of the accident
- Latent damage resets the period
- Liability notice halts the statute of limitations
- After interruption, a new 5-year period starts
- Quick action is recommended