The right to compensation for personal injury can become time-barred after a certain period. It is crucial to be aware of the time limits and to take timely steps to secure your claim in Zoetermeer.
Limitation Periods
In personal injury cases, specific limitation periods apply.
General Rule
| Category | Duration | Starting Point |
|---|---|---|
| Short term | 5 years | Moment of awareness of the damage and the liable party |
| Long term | 20 years | Date of the incident that caused the damage |
Specific Periods
| Circumstance | Period | Additional Information |
|---|---|---|
| Minors | 5 years after reaching 18 | Period starts upon majority |
| Under guardianship/conservatorship | Extended period | Protection for those lacking legal capacity |
| Criminal offenses | Until end of criminal proceedings | Aligned with criminal law period |
| Employer's liability | 5 or 20 years | Standard periods apply |
| Product liability | 3 or 10 years | Shorter periods apply |
Start of the Limitation Period
The moment at which the limitation period begins plays a major role.
Awareness of Damage
The 5-year period only starts when the injured party:
- Is aware of the suffered damage
- Knows who is responsible
- Is able to file a claim
Long-term Damage
In cases of damage that only becomes apparent later, such as occupational diseases or later consequences of injury, the limitation period may commence much later. Examples include:
- Asbestos-related diseases (sometimes visible only after decades)
- Post-traumatic stress disorder (diagnosis sometimes years later)
- Damage arising from prior injury
Interrupting Limitation
It is possible to interrupt the limitation period, thereby starting a new period.
Methods for Interruption
| Method | Conditions | Result |
|---|---|---|
| Written notice | Clear notification | New 5-year period |
| Debtor's acknowledgment | Recognition by the liable party | New 5-year period |
| Legal proceedings | Filing of summons or petition | New 5-year period |
Requirements for Interruption
An interruption action must meet certain criteria:
- Recorded in writing (preferably registered mail)
- Clear statement of reservation of rights
- Specific description of the claim
- Addressed to the correct party
Absolute Limitation
The long 20-year period is absolute and cannot be interrupted.
Exceptional Situations
In rare cases, reliance on limitation may be unreasonable (Article 6:2(2) DCC). This applies, for example, in cases of:
- Serious crimes
- Cases where the injured party could not know of the damage
- Fraud by the liable party
Practical Consequences
Allowing a claim to become time-barred has serious consequences.
Effects of Limitation
- No longer entitled to compensation
- Insurers may refuse payment
- No further legal action possible
- Amounts already received may be reclaimed
Advice to Prevent Limitation
- Immediately after an incident, hold the liable party accountable in writing
- Note limitation periods in your calendar
- Interrupt limitation well in advance
- Keep all correspondence and proof of dispatch
- Consult a legal expert if uncertain
- Interrupt limitation also during negotiations
Sample Interruption Letter
Sample 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 resulting from this incident. With this letter, I interrupt the limitation of my claim for compensation.
Please confirm receipt of this letter in writing.
Contact in Zoetermeer
For legal support, you can contact the Juridisch Loket Zoetermeer. Cases are handled by the District Court of The Hague (district).