Statute of limitations in personal injury cases

Can a personal injury case become time-barred?

Yes, a personal injury case can also become time-barred. Statute of limitations means that, after a certain period, you lose your right to claim compensation. The legislator has arranged this to prevent cases from dragging on indefinitely and because providing evidence becomes increasingly difficult after years. For you, this means it is wise not to wait too long to report your damage.

At the same time, prescription is not nearly as impenetrable a barrier as many people think. The time limits are often more generous than expected, they usually start running later than you suspect, and in many cases, you can also interrupt them. The latter is called ' suspension,' and you can read more about that further on.

The most important message is this: do not simply assume that you are too late. Too often, we hear from people who thought for years that their chance was gone, while there were still plenty of opportunities. The feeling that you have failed by not taking action sooner is completely understandable, but often unfounded. The law takes into account that people need to focus on their recovery after an accident and do not immediately think of legal action.

A quick check provides certainty. In just one conversation, we can often assess whether your case is still on time and what the next step might be. That conversation is completely without obligation and costs you nothing. Do you want to know where you stand? Then also check out what a claim can yield on our page about compensation.

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The limitation periods at a glance

In personal injury cases, not one but multiple time limits apply. Which one is important to you depends on the type of accident and against whom you are directing your claim. We have listed the main rules for you.

The general term of five years

The general rule is set out in Article 3:310 of the Dutch Civil Code. In principle, a claim for compensation lapses five years after you became aware of both the damage and the person liable for it. Both of these conditions must be met before the clock starts ticking. That is an important detail, because it often means you have more time than five years after the accident itself.

The absolute term of twenty years

In addition, there is a maximum limit: twenty years after the event that caused the damage. This absolute time limit runs regardless of whether you already knew who was liable. It forms an outer wall within which the five-year period falls.

The shorter term of three years for traffic accidents

Were you involved in a traffic accident and are you suing the motor vehicle insurer directly? Then, under the Motor Vehicle Liability Insurance Act (WAM), a shorter period of three years. Precisely because this period is shorter, acting quickly in the event of traffic accidents is especially important. This applies whether you were the driver, a passenger, a cyclist, or a pedestrian: as soon as you sue a traffic insurer directly, that shorter period counts.

Which time limit is decisive for you therefore depends on the circumstances of your accident and the party you are holding liable. Sometimes multiple time limits run concurrently, and it is the shortest one you need to keep track of. That sounds technical, and it is. It is exactly the kind of research we do for you, so that you do not run the risk of using the wrong date.

• Five years — general time limit from knowledge of the damage and the liable party (Art. 3:310 BW)
• Twenty years — absolute maximum term after the event
• Three years — directly against the WAM insurer in the event of a traffic accident

When does the term start?

This is perhaps the most misunderstood aspect of the statute of limitations. Many people think that the clock starts ticking on the day of the accident. For the five-year period, that is usually incorrect. That period only begins the moment you are actually aware of your damage and know who is liable for it.

Suppose you sustained an injury that was only diagnosed as permanent months later, or it took some time before it became clear who was actually at fault. In that case, the time limit only begins at that later moment. It is therefore not about when something *could* have happened, but about when you reasonably knew or could have known. Both conditions must be met: you must know that you have suffered damage, and you must know who is responsible for it. If either of these two is missing, the time limit has not yet started running.

That distinction makes a big difference in practice. Someone who only discovers years after a medical treatment that a mistake was made is in a very different legal position than someone who knew this from the outset. That is why it is so important not to rely on the bare date of the accident, but to look at what you could reasonably have known at what moment.

Because this moment varies depending on the situation, it is difficult to determine exactly where you stand yourself. A small mistake in the date can make a big difference. Therefore, it is better to have it checked. We will review together with you when the term started in your case. You can read how we handle this on the page about our working method.

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Interrupting the statute of limitations — here is how to prevent it

The beauty of the statute of limitations is that you can interrupt it before it is completed. This is called suspension. By suspending the statute of limitations, a new period begins to run, and in this way, you keep your right to compensation alive.

In practice, you interrupt the limitation period by sending a written notification to the liable party or their insurer. In this notification, you clearly state that you unequivocally reserve the right to compensation. It is important that this letter is sent on time, i.e., before the deadline expires, and that its content is legally sound. An unclear or late letter offers no protection, and you often only realize this when it is too late.

After a successful interruption, a new time limit begins to run. As long as your case is pending, you can therefore interrupt the limitation period repeatedly and remain within the time limit. This provides room to await your recovery and clearly assess your damages, without having to make hasty decisions under time pressure.

Why you don't have to do this yourself

Drafting a good letter to interrupt the limitation period requires precision. The wording is crucial, and the timing is vital. We handle this for you, ensuring the letter arrives at the correct address on time and then monitoring the new deadline. This way, you don't have to worry about a date slipping away.

As soon as we start handling your case, we will keep track of all deadlines for you. That is one of the things that makes having a dedicated contact person so convenient: you don't have to remember everything yourself. Would you like to know if halting the limitation period is necessary in your case? Then please contact us.

Special cases: children and late symptoms

Not every situation follows the standard rules. Special principles apply to two groups, and these can work to your advantage.

Personal injury involving minors

Is a child the victim? In principle, the statute of limitations then only begins to run from the moment the child turns eighteen. After all, a child cannot file a claim themselves, and the law ensures that this right is not lost. For parents, this means there is often much more time than expected, but it remains wise to assess the damage as early as possible, as evidence becomes more difficult to gather over the years.

Late and insidious complaints

Some complaints only manifest years after the event. Consider an occupational disease that develops slowly, or an injury that only later turns out to be linked to a previous incident. In such cases, the time limit may only begin to run from the moment you could reasonably have known the complaint and its cause. This provides leeway for people who would otherwise be too late from the outset.

An example is someone who has worked with certain substances for years and only becomes ill much later. On the day he performed the harmful work, there was no damage yet and no reason for action. Only when the illness manifests itself and the link to the work becomes clear can the time limit begin to run. The law aims to prevent such victims from being left empty-handed simply because their symptoms developed slowly.

Especially in these special cases, it pays to have your situation thoroughly assessed. The rules are nuanced, and the outcome depends heavily on the facts. Are you unsure whether your situation falls under this? Then take a look at our frequently asked questions.

Don't wait too long — start today

Although time limits are often more generous than you might think, one thing remains true: the sooner you start, the stronger your position. Evidence is fresher, witnesses remember more, and you run no risk of missing a deadline. Moreover, it gives you peace of mind to know that your case is in good hands. Waiting rarely pays off and, in the worst-case scenario, costs you your right to compensation.

You don't have to figure it all out on your own first. Just give us a call with your story, and we will look at the timelines and your options. From the moment we handle your case, we monitor all dates for you so that you can focus on your recovery.

Our assistance is completely free of charge for you. The costs of legal assistance are recovered from the liable party pursuant to Article 6:96 of the Dutch Civil Code, ensuring that you retain 100% of your compensation and never receive a bill from us. You will have your own dedicated contact person; we operate throughout the Netherlands and, if desired, visit you at your home. We are affiliated with the NIVRE, the Dutch Personal Injury Quality Mark, and the Personal Injury Council.

Unsure if you are still on time? Then give us a call, or request a callback online. You will be called back the same working day by someone who will listen calmly to your story. Make a no-obligation appointment and discover where you stand. You are stronger than you think.