Personal injury to children requires extra care and attention. The long-term consequences are often unpredictable and there are specific rules for representation and limitation periods.
Special Rules for Minors
Children under the age of 18 cannot independently take legal steps or enter into agreements. Their parents or legal representatives act on their behalf.
Legal Representation
| Age Group | Representation | Remarks |
|---|---|---|
| 0-12 years | Fully by parents/guardian | Child is not involved |
| 12-16 years | By parents/guardian | Child can express opinion |
| 16-18 years | By parents/guardian | Child has more say |
| 18+ years | Independent | Child takes over the case themselves |
Types of Damage for Children
Determining damage for minors is often more complicated than for adults due to uncertainties about the future.
Important Damage Items
Future Loss of Income
For young children, it is difficult to predict what career they would have had. Calculations take into account:
- Average education level of the parents
- School performance and talents of the child
- Statistics on income growth
- Regular review of the damage
Care Costs
Children with permanent injuries may need ongoing support, such as:
- Medical care and rehabilitation
- Aids and home adaptations
- Educational support
- Daily care
- Future housing needs
Pain and Suffering Compensation for Children
Pain and suffering compensation for children takes into account unique aspects, such as:
- Lost opportunities in development
- Long-term impact of limitations
- Effect on social contacts
- Missing education and youth experiences
Limitation Periods for Minors
There are special rules to protect minors from premature limitation of claims.
Specific Periods
| Type of Claim | Limitation Period | Start Date |
|---|---|---|
| Regular claim | 5 years | From the day after 18th birthday |
| Absolute period | 20 years | Date of the incident |
| Crime (known perpetrator) | Not before 18th + 5 years | From the day after 18th birthday |
Note: The limitation period for minors only starts after their 18th birthday, so that their rights are not lost 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 settlement.
Advantages of Phased Settlement
- Flexibility to adjust to growth and development
- Uncertainties about future damage are taken into account
- Better damage estimation as the child gets older
- Prevents under- or overcompensation
Possible Disadvantages
- Prolonged legal process
- Repeated evaluations required
- No quick resolution of the case
Court Approval
In some cases, court approval is required to safeguard the interests of the child.
When is Approval Required?
- Definitive settlements (final discharge)
- Waiver of rights
- Important financial decisions
- In case of doubt about adequate representation by parents
Management of Awarded Compensation
Compensation for minors must be carefully managed to protect their future.
Methods of Management
| Management Form | Suitable for | Supervision |
|---|---|---|
| Management by parents | Small amounts | No official supervision |
| Blocked savings account | Larger amounts | Bank, release after 18 years |
| Administration order | Very high amounts | Supervision by the sub-district court |
| Foundation for management | Complex cases | Board of the foundation |
Advice for Personal Injury to Children in Rijswijk
- Engage a specialised lawyer quickly
- Keep your child's development well documented
- Consider phased settlement for unclear prospects
- Ensure a safe method of managing the compensation
- Involve your child as much as possible in decisions
- Consider the emotional burden on the whole family
Contact and Support in Rijswijk
For legal assistance, you can go to the Juridisch Loket Rijswijk. Cases fall under the Rechtbank Den Haag.