Personal injury claims have a limited validity period. It is of great importance to be aware of the statute of limitations periods and to take timely steps to protect your rights.
Statute of Limitations Periods for Personal Injury
Specific periods apply to claims for personal injury.
General Rules
| Type | Period | Start Moment |
|---|---|---|
| Short term | 5 years | Moment of awareness of damage and liable party |
| Long term | 20 years | Date of the damage-causing incident |
Specific Situations
| Circumstance | Period | Additional Information |
|---|---|---|
| Minors | 5 years after 18th year | Starts at 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 | 5/20 years | Standard periods apply |
| Product liability | 3/10 years | Shorter periods |
Start of the Statute of Limitations
The moment at which the statute of limitations period begins plays a crucial role.
Awareness of Damage
The 5-year period starts as soon as the injured party:
- Is aware of the damage
- Knows who is responsible
- Is able to file a claim
Long-term or Latent Damage
In cases of damage that only becomes apparent after a long time (such as occupational diseases or later consequences of injury), the period may start much later. Examples include:
- Asbestos-related diseases (visible decades later)
- Post-traumatic stress disorder (diagnosis after years)
- Indirect damage from prior injury
Interrupting the Statute of Limitations
It is possible to interrupt the statute of limitations, thereby starting a new period.
Methods for Interruption
| Method | Conditions | Result |
|---|---|---|
| Written notice | Clear message | New period of 5 years |
| Debtor's acknowledgment | Debtor acknowledges liability | New period of 5 years |
| Legal action | Filing of summons or petition | New period of 5 years |
Conditions for Interruption
An interruption action must meet specific criteria:
- Recorded in writing (preferably registered mail)
- Clear mention of reservation of rights
- Specific description of the claim
- Addressed to the correct party
Absolute Statute of Limitations
The long period of 20 years is absolute and cannot be interrupted.
Exceptional Cases
In rare situations, reliance on the statute of limitations may be deemed unreasonable (Article 6:2 paragraph 2 DCC). This applies, for example, in cases of:
- Serious criminal offenses
- Cases where the injured party could not know of the damage
- Deliberate deception by the liable party
Consequences in Practice
The expiration of a statute of limitations period has serious consequences.
Effects of Statute of Limitations
- No longer entitled to compensation
- Insurers may refuse payment
- No possibility of legal proceedings
- Amounts already received may be reclaimed
Advice to Avoid Statute of Limitations
- Immediately after an incident, hold the responsible party liable in writing
- Keep track of important dates and periods
- Interrupt the statute of limitations well before the end of the period
- Retain all correspondence and proof of dispatch
- Consult a legal expert in case of uncertainty
- Interrupt also during ongoing negotiations
Sample Letter for Interruption
Model text for interruption
Dear [name],
Regarding the incident on [date] in which I sustained injury, I hereby inform you as follows.
I reserve all rights to hold you responsible for the damage I have suffered and will suffer in the future as a result of this incident. With this, I interrupt the statute of limitations on my claim for compensation.
Please confirm receipt of this letter in writing.
Contact and Support in Westland
For legal assistance, you can contact the Juridisch Loket Westland. In addition, this region falls under the District Court of The Hague.