Personal injury for children requires extra care and attention. The long-term impact is often difficult to predict and there are specific rules for representation and limitation periods.
Special Rules for Minors
Minors (under 18 years) cannot take legal steps or enter into agreements themselves. This is done by their parents or legal guardians.
Who Represents the Child?
| Age Group | Representation | Additional Information |
|---|---|---|
| 0-12 years | Fully by parents/guardian | Child is not involved |
| 12-16 years | Parents/guardian | Child can give opinion |
| 16-18 years | Parents/guardian | Child has more say |
| 18+ years | Independently | Child takes over the case |
Damage Claims 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 not clear which career they would have chosen. This complicates the estimation of loss of income. Often, the following is considered:
- Parents' education level as a basis
- Child's performance and talents
- General statistics on income
- Regular review of the estimate
Care Costs
Children with permanent injury may need lifelong support, such as:
- Medical care and rehabilitation
- Special aids and home adaptations
- Extra guidance at school
- Personal assistance and care
Non-Pecuniary Damages for Children
Non-pecuniary damages for children take into account unique aspects, such as:
- Loss of opportunities in development
- Long-term impact of limitations
- Effect on social contacts
- Missing school and youth experiences
Limitation Periods for Minors
There are adapted rules for limitation to protect minors.
Specific Periods
| Type of Claim | Limitation Period | Start Date |
|---|---|---|
| Regular claim | 5 years | Day after 18th birthday |
| Maximum limitation | 20 years | Date of the incident |
| Crime (perpetrator known) | Not before 18th + 5 years | Day after 18th birthday |
Note: The limitation period only starts after the child's 18th birthday, so that their rights are not lost before they can act themselves.
Periodic Damage Settlement
In case of serious injury, a phased settlement is often chosen instead of a lump sum payment.
Advantages of Phased Settlement
- Possibility of adjustment to changing circumstances
- Uncertainties about the future are better accommodated
- Damage can be more accurately determined as the child grows
- Prevents a too low or too high payment
Possible Disadvantages
- Long-term legal involvement
- Repeated evaluations are necessary
- No immediate closure of the case
Court Approval
In some cases, court approval is required to safeguard the child's interests.
When is Approval Required?
- When concluding a final agreement
- If rights are waived
- For important financial decisions
- If there is doubt about the parents' representation of interests
Management of Payments
Damage compensations for minors must be carefully managed.
Ways of Management
| Type of Management | Suitable for | Supervision |
|---|---|---|
| Management by parents | Small amounts | No official supervision |
| Blocked savings account | Larger amounts | Bank, released after 18 years |
| Administration order | Very high amounts | Supervision by the sub-district court |
| Management via foundation | Complex cases | Board of the foundation |
Advice for Personal Injury in Zoetermeer
- Engage an expert quickly for help
- Keep track of the child's progress and development
- Consider phased settlement for uncertain future
- Ensure a safe way of managing the compensation
- Involve the child as much as possible in decisions
- Also consider the emotional consequences for the family
Contact and Support in Zoetermeer
For legal assistance, you can go to the Legal Counter Zoetermeer. Cases fall under the District Court of The Hague.