The right to compensation for injury may lapse after a certain period. It is extremely important to be aware of the statute of limitations periods and to take steps in a timely manner to protect your claim.
Statute of Limitations Periods
In personal injury cases, specific periods apply for filing a claim.
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 | Remarks |
|---|---|---|
| Minors | 5 years after reaching 18 | Starts upon reaching majority |
| Under guardianship/conservatorship | Extended period | Additional protection for those lacking legal capacity |
| Criminal offenses | Until end of criminal proceedings | Aligned with criminal law period |
| Employer's liability | 5/20 years | Standard periods apply |
| Producer liability | 3/10 years | Shortened periods |
Start of the Statute of Limitations
The moment at which the statute of limitations period begins is essential to understand.
Awareness of Damage
The short term of 5 years begins to run as soon as the injured party:
- Is aware of the sustained damage
- Knows who is responsible
- Is capable of filing a claim
Slowly Developing Damage
In cases of damage that only becomes apparent after a long time (such as occupational diseases or later complications), the period may start much later. Examples include:
- Asbestos-related diseases (visible decades later)
- Post-traumatic stress disorder (diagnosis after years)
- Indirect damage from prior injury
Interrupting the Statute of Limitations
It is possible to halt the statute of limitations, thereby starting a new period.
Methods for Interruption
| Method | Conditions | Result |
|---|---|---|
| Written notice | Clear statement of intent | New period of 5 years |
| Consent of debtor | Acknowledgment of liability | New period of 5 years |
| Legal action | Filing of summons or petition | New period of 5 years |
Conditions for Interruption
An action to interrupt the statute of limitations must meet the following:
- Written documentation (preferably registered mail)
- Clear reservation of rights
- Specific description of the claim
- Directed to the correct counterparty
Irreversible Statute of Limitations
The long term of 20 years is definitive and cannot be interrupted.
Exceptional Situations
In rare cases, invoking the statute of limitations may be considered unreasonable (Article 6:2(2) BW), for example in cases of:
- Serious criminal offenses
- Injured party's ignorance of the damage
- Fraud by the liable party
Practical Consequences
Allowing a claim to become time-barred has serious consequences.
Effects of Statute of Limitations
- No longer entitled to compensation
- Insurers may stop payments
- No possibility of legal proceedings
- Amounts already received may be reclaimed
Advice to Prevent Statute of Limitations
- Immediately after an incident, hold the counterparty liable in writing
- Monitor the statute of limitations periods carefully
- Interrupt the period well in advance
- Retain all correspondence and proof of dispatch
- Consult a legal expert if uncertain
- Continue interrupting the period, even during negotiations
Sample Letter for Interruption
Model Letter for Interruption
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 the damage I have suffered and will suffer in the future as a result of this incident. With this letter, I interrupt the statute of limitations on my claim for compensation.
Please confirm receipt of this letter in writing.
Relevant Institutions in Leiden
Court: District Court of The Hague, Leiden Location
Legal Aid Office: Juridisch Loket Leiden, Stationsweg 46