Limitation of a personal injury case
Limitation explained briefly
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Limitation means that after a certain period of time you can no longer recover your damages. Two limitation periods can be distinguished:
-the 'relative' limitation period (5 years); -and
-the 'absolute' limitation period (20 years).
There are all kinds of exceptions to these limitation periods, such as injuries caused by harmful substances and injuries caused to minor victims.
The relative and absolute limitation periods are discussed in detail below.
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Do you want a quick answer to your question until when you can hold the other party liable, for example after a traffic accident or an accident at work?
Then take a quick look below!
The (relative) limitation period briefly explained:
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Traffic accident:
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You have 3 years to hold the other party's insurer directly liable;
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You have 5 years to hold the person responsible for the accident, for example the driver of the van.
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Work accident:
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You have 5 years to hold your employer liable.
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Minors:
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You still have 5 years after your 18th birthday to hold the other party liable (this can be possible in the case of a traffic accident, but also in the case of an accident at work).
Limitation explained in detail
If someone else is legally liable for your personal injury, you are entitled to compensation. You do not have this right forever. Once you are aware of your damage and you know who the other party is, you have five years to hold the other party liable. If you do not do this within these five years, your claim against the other party will be lost.
The legislator's idea behind the limitation period in a personal injury case is that after a while the opposing party no longer knows whether you really have anything to claim from him or her. The more time passes, the more difficult it becomes for the opposing team to defend themselves.
Relative limitation (5 years) explained in detail
The first personal injury limitation period is called the 'relative' limitation period. It is a 5-year term that starts from the moment you know that there is damage and you know who is responsible for it.
In a personal injury case, the relative statute of limitations can be a bit vague. How do you know when the exact starting point of the limitation period starts? At what point are you aware of the exact damage? To clarify this, the judge has formulated a number of starting points:
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Absolute certainty about your damage and the person liable is not required. A suspicion is enough. For example, have you had an accident at work, but are you not sure whether the employer is liable? Then the suspicion of this is enough to trigger the limitation period;
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As a victim, you are expected to conduct a simple investigation into the liable party. For example, by investigating who owns the car that rear-ended you;
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Lack of legal knowledge does not prevent the start of the limitation period. So if you have little knowledge of the limitation rules, the limitation period will still start to run anyway.
Absolute limitation period (20 years) explained in detail
This is a personal injury limitation period of 20 years. This starts from the moment you have had the accident. The limitation period for personal injury is therefore final after 20 years. Even if you only find out after 21 years who you should hold liable.
But (!) This absolute limitation period for personal injury only applies to accidents that occurred before 2004. The absolute limitation period will soon be a thing of the past!
A number of exceptions to the limitation periods
Both the 'relative' and 'absolute' limitations periods have a number of exceptions:
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For underage victims, the 'relative' limitation period only begins to run when the victim turns 18. Underage victims therefore have 5 years from the age of 18 to hold the other party liable;
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In the event of personal injury caused by a traffic accident, you do not have 5 years, but 3 years to hold the other party's insurer directly liable. You can hold the person who caused the accident itself - for example the driver of the car - liable within 5 years;
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On the other hand, have you suffered damage due to coming into contact with harmful substances? Then the 'absolute' limitation period is not 20, but 30 years.
Can you postpone the limitation period for personal injury?
Yes, this is possible! Postponing the limitation period is called 'interruption of the limitation period'. You do this by sending a so-called 'restruction letter' to the other party.
We can help you with this.â–
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