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 that must be observed.
Special Rules for Minors
Children under the age of 18 cannot independently take legal action or enter into agreements. Their parents or legal representatives act on their behalf.
Who Represents the Child?
| Age Group | Representation | Remarks |
|---|---|---|
| 0-12 years | Fully by parents/guardian | Child has no say |
| 12-16 years | Parents/guardian | Child can give opinion |
| 16-18 years | Parents/guardian | Child gains more say |
| 18+ years | Independently | Child takes over the case |
Types of Damage for Children
Determining damage for minors is often more complex than for adults, due to uncertainties about the future.
Important Damage Heads
Future Loss of Income
For young children, it is difficult to determine what career they could have pursued. Therefore, consideration is often given to:
- Average education level of the parents
- School performance and talents of the child
- General statistics on income
- Reassessment at a later age
Care Costs
Children with permanent injuries may require long-term care, such as:
- Medical treatments and rehabilitation
- Aids and home adaptations
- Support at school
- Personal care
- Provisions for later
Pain and Suffering Compensation for Children
Pain and suffering compensation for children takes into account specific aspects, such as:
- Loss of opportunities in development
- Long-term impact of limitations
- Effect on social contacts
- Missed school time and experiences
Limitation Periods for Minors
Adapted rules apply for limitation to safeguard the rights of children.
Overview of Limitation
| Type of Claim | Period | Start Date |
|---|---|---|
| Regular claim | 5 years | First day after 18th birthday |
| Maximum limitation | 20 years | Date of the incident |
| Crime (perpetrator known) | Not before 18th + 5 years | First 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 cases of serious injuries to children, a phased settlement is often chosen instead of a one-time arrangement.
Advantages of Phased Settlement
- Flexibility to adapt to growth and development
- Better handling of uncertainties about the future
- More accurate determination of damage as the child gets older
- Prevents under- or overcompensation
Possible Disadvantages
- Long-term legal involvement
- Repeated evaluations required
- No immediate closure of the case
Court Approval
In some cases, court approval is required to protect the interests of the child.
When is Approval Required?
- For a definitive settlement agreement
- If rights are waived
- For important financial decisions
- If interests of parents and child may conflict
Management of Payouts
Compensation for minors must be carefully managed to prevent misuse.
Methods of Management
| Type of Management | Suitable for | Control |
|---|---|---|
| Management by parents | Small amounts | No official control |
| Blocked savings account | Larger amounts | Bank, release after 18 years |
| Administration order | Very high amounts | Supervision by district court |
| Foundation | Complex cases | Management by board |
Advice for Personal Injury of Children in Leiden
- Engage a personal injury expert in time
- Keep track of the child's progress and development
- Consider phased settlement for unclear prognoses
- Arrange secure management of the compensation
- Involve the child as much as possible in decisions
- Pay attention to the emotional burden on the whole family
Local Information in Leiden
For legal support, you can go to:
- District Court The Hague, Leiden Location
- Juridisch Loket Leiden, Stationsweg 46