A claim for personal injury can become time-barred. Once the statute of limitations period has passed, you can no longer claim compensation. It is crucial to take action in time.
Statute of Limitations Periods
| Circumstance | Duration | Start Date |
|---|---|---|
| Standard claim | 5 years | Day after discovery of damage and responsible party |
| Maximum period | 20 years | Day after the incident that caused the damage |
| Government as responsible party | 5 years | Day after knowledge of damage |
| Intentional criminal offense | No statute of limitations | Not applicable |
Knowledge of Damage
The 5-year period starts as soon as you:
- Are aware of the sustained damage
- Know who is responsible for the damage
For injuries that only become apparent after a long time (such as occupational diseases or asbestos-related diseases), the period may start later.
Interrupting the Statute of Limitations
It is possible to halt the statute of limitations by:
- Sending a written notice or interruption letter
- Initiating legal proceedings
- Obtaining acknowledgment of liability from the opposing party
After interruption, a new 5-year period begins.
Advice to Prevent Statute of Limitations
- File your claim as soon as possible after the incident
- Send a registered interruption letter regularly
- Keep proof of your actions to interrupt the statute of limitations
- Consult a lawyer for complex cases
Statute of Limitations and the Court
A court does not apply the statute of limitations automatically; the opposing party must invoke it themselves. In certain situations, invoking the statute of limitations may be considered unreasonable.
What if my claim is too late?
If the statute of limitations period has expired, you can normally no longer demand compensation. In rare cases, an invocation of the statute of limitations may be rejected based on reasonableness and fairness.What about minors?
For minors, the statute of limitations period starts only on the day they turn 18. They thus have until 5 years after reaching majority to file a claim.How can I correctly interrupt the statute of limitations?
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 about Personal Injury in Rijswijk
How long can I wait with a personal injury claim?
The standard period is 5 years, starting from the moment you are aware of the damage and the responsible party. After this period, a claim is no longer possible.
When does the statute of limitations start?
The period begins the day after the moment you knew of the damage and who was responsible. This is often immediately after the accident, but may be later upon later discovery of injury.
What if injury only becomes apparent after years?
For injury that comes to light later, the statute of limitations period starts from that moment. This applies, for example, to latent conditions.
Can I halt the statute of limitations?
Yes, by sending a letter of claim or starting a lawsuit. This resets the period to a new 5-year period.
How do I prevent the statute of limitations?
Send a written notice of liability and keep proof of it. This interrupts the period and gives you another 5 years to take action.
Do the same periods apply to all personal injury cases?
In general, the period is 5 years, but for specific cases such as article 185 Road Traffic Act, other rules may apply.
In Short
Personal injury claims become time-barred after 5 years from the moment you knew of the damage and the responsible party. Prompt action is essential, and the period can be interrupted. For latent damage, the period starts later.
Key Points
- Statute of limitations period: 5 years after knowledge of damage
- Does not necessarily start on the day of the accident, but upon knowledge
- Latent damage resets the period
- Notice of liability halts the statute of limitations
- After interruption, another 5 years
- Prompt action is advisable
For legal support in Rijswijk, you can contact the Juridisch Loket Rijswijk. Cases fall under the District Court of The Hague.