Verjaring bij letselschade
Limitation in personal injury
Limitation means that the right to claim compensation lapses after a certain period. For personal injury a five-year limitation period generally applies.
Limitation in personal injury
Limitation is the legal phenomenon whereby a claim for compensation can no longer be enforced in court after a certain period. The liable party can then invoke limitation, after which the court rejects the claim — even if the damage is established. For personal injury the limitation period is set out in Article 3:310 BW.
Main features
Practical consequences
Victims are wise to make a written claim for compensation as early as possible so that limitation is interrupted in time. A single letter or email to the liable party or its insurer can suffice as an interrupting act (Art. 3:317 BW). Do not wait until the damage is fully mapped out: interruption is also possible while the extent is still uncertain. Those who wait too long risk having an otherwise valid claim rejected.
“Because the victim only discovered three years after the accident that his back complaints were caused by the collision, the five-year period only started running at that point.”
Source: AI
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