A claim for personal injury can become time-barred. If the period has expired, it is no longer possible to claim compensation. It is crucial to take action in time.
Periods for Statute of Limitations
| Scenario | Duration | Start Moment |
|---|---|---|
| Standard claim | 5 years | Day after becoming aware of the damage and the responsible party |
| Maximum period | 20 years | Day after the incident that caused the damage |
| Government as responsible party | 5 years | Day after becoming aware |
| Intentional criminal offence | No statute of limitations | Not applicable |
When Does the Period Start?
The 5-year period starts when you:
- Are aware of the damage
- Know who is responsible
For injuries that only become apparent later, such as occupational diseases or asbestos, the period starts at a later moment.
Interrupting the Statute of Limitations
It is possible to interrupt the statute of limitations by:
- Sending a written demand or interruption letter
- Starting legal proceedings
- Acknowledgment of liability by the other party
After this, a new 5-year period begins.
Advice to Prevent Statute of Limitations in Zoetermeer
- Submit your claim as soon as possible after the incident
- Send registered interruption letters regularly
- Keep good records of proof of your actions
- Consult a lawyer for complex cases, for example via the Juridisch Loket Zoetermeer
Statute of Limitations and the Court
The court does not apply the statute of limitations automatically. The other party must raise it themselves. In some situations, reliance on the statute of limitations may be considered unreasonable.
What if my claim is too late?
If the period has expired, you can normally no longer claim compensation. In exceptional cases, however, reliance on the statute of limitations can be rejected on grounds of reasonableness.What about minors?
For minors, the limitation period only starts on the day they turn 18. They therefore have until 5 years after reaching majority to file a claim.How do I properly 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 Zoetermeer
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, claiming is no longer possible.
When does the statute of limitations start?
The period starts the day after the moment you knew of the damage and who is liable. This is often immediately after the accident, but can be later if the injury is discovered later.
What if the injury only becomes apparent later?
For injuries that only occur after a long time, the period only starts at the moment of discovery. This applies, for example, to chronic conditions.
Can I stop the limitation period?
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 this. This interrupts the period and gives you another 5 years.
Do the same periods apply to all personal injury?
In general, the period is 5 years, but for specific cases, such as claims under the Road Traffic Act, other rules may apply.
Summary
Personal injury claims become time-barred after 5 years from the moment you know of the damage and the liable party. Quick action is essential, and the period can be interrupted. If the injury is discovered later, the period starts anew.
Key Points
- Limitation period: 5 years after becoming aware of the damage
- Does not necessarily start on the day of the incident
- Later discovered injury shifts the start date
- Notice of liability stops the limitation
- After interruption, a new 5-year period begins
- Quick action prevents problems