A claim for personal injury may become time-barred. Once the limitation period has expired, it is no longer possible to claim compensation. It is therefore essential to take steps in time.
Limitation Periods
| Type of Claim | Limitation Period | Starting Point |
|---|---|---|
| Standard claim | 5 years | Day after becoming aware of the damage and the liable party |
| Maximum period | 20 years | Day after the incident that caused the damage |
| Government as liable party | 5 years | Day after becoming aware of the damage |
| Intentional criminal offence | No limitation | Not applicable |
Awareness of Damage
The 5-year period starts as soon as you:
- Are aware of the damage suffered
- Know who the liable party is
In cases of injury that only becomes apparent after a long time, such as occupational diseases or asbestos-related complaints, the period may start later.
Interrupting Limitation
It is possible to interrupt limitation by:
- Sending a written demand letter or interruption letter
- Initiating legal proceedings
- Acknowledgment of liability by the opposing party
After interruption, a new 5-year period begins.
Advice to Prevent Limitation
- Submit your claim as soon as possible after the incident
- Send interruption letters regularly (registered mail)
- Keep good records of proof of your interruption actions
- Consult a lawyer for complex cases
Limitation and the Court
The court does not apply limitation automatically; the liable party must invoke it themselves. In some situations, invoking limitation may be considered unreasonable.
What if I am too late with my claim?
If the limitation period has expired, you can normally no longer claim compensation. In exceptional cases, however, an invocation of limitation may be rejected on the basis of reasonableness and fairness.Does limitation apply to minors?
For minors, the limitation period only starts on the day they turn 18. A child thus has until 5 years after their 18th birthday to file a claim.How can I correctly interrupt limitation?
Send a registered letter in which you clearly state that you are preserving your right to compensation. Keep proof of sending and a copy of the letter.Frequently Asked Questions about Personal Injury in Leiden
How much time do I have to file a personal injury claim?
The standard limitation period is 5 years, starting from the moment you become aware of the damage and the liable party. After this period, claiming is no longer possible.
When does the limitation period start?
The period begins the day after the moment you knew about the damage and who was responsible. This is often immediately after the accident, but may be later in case of later discovery of injury.
What if the injury only becomes apparent after years?
In cases of injury that only comes to light after a long time, the limitation period starts from that moment of awareness. This often applies to hidden conditions.
Can I stop the limitation period?
Yes, by means of a letter of claim or starting a lawsuit, you can interrupt the period. A new 5-year period then begins.
How do I prevent my claim from becoming time-barred?
Send a written notice of liability or start proceedings. This interrupts the limitation and gives you another 5 years.
Do the same periods apply to all personal injury cases?
In general, the period is 5 years, but for claims under article 185 of the Road Traffic Act (for example, for vulnerable road users), other rules may apply.
Summary
Personal injury claims become time-barred after 5 years from the moment you knew about the damage and the liable party. Prompt action is crucial, and the period can be interrupted. In cases of latent damage, the period starts later.
Key Points
- Limitation period: 5 years after awareness of damage
- Does not necessarily start on the day of the accident, but upon awareness
- Latent damage can cause the period to start anew
- Notice of liability temporarily stops limitation
- After interruption, you get another 5 years
- Prompt action is advisable to avoid risks
Relevant Institutions in Leiden:
District Court of The Hague, Leiden Location
Juridisch Loket Leiden, Stationsweg 46