Statute of Limitations for Personal Injury in Rotterdam
The statute of limitations for personal injury in Rotterdam sets the timeframe within which Rotterdam residents must file a claim for damages following an accident or injury. After this period, you risk losing your right to compensation, except in specific exceptions. This article helps Rotterdam residents understand the process, so you can take timely action through organizations like the Juridisch Loket Rotterdam.
Legal Rules on Limitation Periods in Rotterdam
In the Netherlands, the Dutch Civil Code (DCC), Book 3, governs limitation periods. For personal injury claims based on tort (Article 6:162 DCC), Article 3:310 DCC is key: a claim is time-barred five years after you become aware of both the damage and the liable party. This applies strictly to Rotterdam cases before the Rotterdam District Court.
There is also an absolute limit of twenty years from the damaging event (Article 3:310(2) DCC). This provides leeway for late discoveries, but the five-year period usually prevails. For minors or those under guardianship, the period starts upon reaching majority or the end of guardianship (Article 3:33 DCC). Fraud or abuse halts the period (Article 3:52 DCC).
Limitation Periods in Practice for Rotterdam Residents
The statute of limitations for personal injury in Rotterdam does not necessarily start on the date of the accident, but when you know of the damage and the liable party. In a collision on the A20, this is often immediately clear, whereas errors at Ikazia Hospital may take longer until the connection is established.
Interrupt the limitation period with a registered letter to the insurer (Article 3:316 DCC) – this grants an extra three months, followed by a new five-year period. Always prove this registered, and seek help from the Juridisch Loket Rotterdam. The same rule applies to pain and suffering and material costs (such as travel expenses to Erasmus MC); workplace accidents also involve WAO rules.
Examples of Limitation Periods for Personal Injury in Rotterdam
Example: In 2020, you cycle over the Erasmusbrug and crash due to a scooter rider. Damage and liability are known immediately, so the limitation runs until 2025. Without filing a claim at the Rotterdam District Court, you lose your right.
For a medical error in 2019 at a Rotterdam GP, discovered in 2023 via a second opinion: the period starts in 2023 and ends in 2028. For asbestos in the port of Rotterdam (exposure 2005, diagnosis 2024), it is five years from diagnosis or a maximum of twenty years from exposure.
Rights and Obligations in Personal Injury Cases in Rotterdam
Rights: File a claim within the period at the Rotterdam District Court for full compensation, including medical costs, loss of income, and pain and suffering (Articles 6:95 and 6:106 DCC). Obligations: Mitigate damage (Article 6:162(3) DCC), report to the Municipality of Rotterdam or insurer, and gather documentation. The Juridisch Loket Rotterdam provides free advice. The other party must cooperate but may invoke the limitation period.
| Situation | Standard Period | Start Date | Rotterdam Exception |
|---|---|---|---|
| Traffic accident (e.g., Kralingse Plas) | 5 years | Date of accident | Suspension for minors |
| Medical error (e.g., Maasstad Hospital) | 5 years | Date of discovery | 20 years absolute |
| Workplace accident (port work) | 5 years | Date of incident | WAO/Sickness Benefits + Loket support |
FAQ: Statute of Limitations for Personal Injury in Rotterdam
When does the limitation period start exactly?
From the day after you become aware of the damage and the liable party. For hidden injuries, later; check with Juridisch Loket Rotterdam.
Can I extend the period?
Yes, interrupt it with a registered letter. Repeatable, but timing is crucial – get advice from experts.
Does this apply to pain and suffering?
Yes, same period for non-pecuniary damage like pain and suffering and pecuniary losses.