The right to personal injury compensation can lapse after a certain period. It is of great importance to be aware of the statute of limitations periods and to take timely steps to protect your claim.
Periods for Statute of Limitations
In personal injury cases, there are specific periods within which a claim must be filed.
General Rule
| Category | Duration | Starting Point |
|---|---|---|
| Short term | 5 years | Moment of awareness of damage and liable party |
| Long term | 20 years | Date of the damage-causing incident |
Special Periods
| Circumstance | Duration | Specific Rules |
|---|---|---|
| Minors | 5 years after 18th year | Period starts upon majority |
| Under guardianship/conservatorship | Extended | 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 | Shortened periods |
Starting Date of Statute of Limitations
The moment at which the statute of limitations period begins is crucial.
Awareness of Damage
The 5-year period begins to run as soon as the injured party:
- Is aware of the damage
- Knows who is liable
- Is able to file a claim
Slowly Developing Damage
In cases of damage that only becomes apparent after a long time (such as occupational diseases or later complications), the statute of limitations period may start later. This applies inter alia to:
- Asbestos-related diseases (visible decades later)
- Post-traumatic stress disorder (possibly diagnosed years later)
- Damage resulting 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 notification | New 5-year period |
| Debtor's consent | Acknowledgment of liability | New 5-year period |
| Legal action | Filing summons or petition | New 5-year period |
Conditions for Interruption
An interruption action must meet specific criteria:
- Recorded in writing (preferably sent by registered mail)
- Clear reservation of rights
- Specific mention of the claim
- Addressed to the correct counterparty
Irreversible Statute of Limitations
The long 20-year period is definitive and cannot be interrupted.
Exceptional Situations
In rare cases, reliance on the statute of limitations may be deemed unreasonable (Article 6:2(2) DCC). This applies especially in:
- Serious criminal offenses
- Cases where the injured party was unaware of the damage
- Deliberate deception by the liable party
Consequences in Practice
Allowing a claim to become time-barred has serious consequences.
Effects of Statute of Limitations
- No longer entitled to compensation
- Insurers may refuse payment
- No further legal action possible
- Already paid amounts may be reclaimed
Advice to Prevent Statute of Limitations
- Immediately after an incident, hold the liable party liable in writing
- Monitor limitation periods carefully
- Interrupt the limitation well in advance
- Keep all correspondence and proof of dispatch
- Consult a lawyer in case of uncertainty
- Interrupt also during ongoing negotiations
Sample Letter for Interruption
Model Text Interruption Letter
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 liable for all past and future damage caused by this incident. With this letter, I interrupt the statute of limitations on my compensation claim.
Please confirm receipt of this letter in writing.
Contact in Rijswijk
For legal support, you can go to the Juridisch Loket Rijswijk. For cases going to court, Rijswijk falls under the District Court of The Hague.