Limitation Periods for Non-Material Damage Claims in Rotterdam
In Rotterdam, claims for non-material damage, such as pain and suffering compensation after accidents on the Erasmusbrug or in the port, become time-barred after 5 years from the day following the event on which the injured party has knowledge of the damage and the tortfeasor (Article 3:310 BW). In personal injury cases in the Maasstad, the period is often interrupted by a summons letter via a local personal injury lawyer.
Specific Periods in Rotterdam Context
- Standard: 5 years after discovery, for example in bicycle accidents in Rotterdam-South.
- Death-related damage: 5 years after death, relevant in port accidents or traffic incidents on the A20.
- Medical errors: 5 years after reasonable discovery time, such as treatments at Erasmus MC.
- Interruption: By demand letter, writ of summons or report to the Rotterdam police.
Tips to Prevent Limitation in Rotterdam
Send a registered letter to the tortfeasor or insurer in time. If the tortfeasor is unknown, such as in joyriding in the Feijenoord neighbourhood: file a police report immediately at the Zuid station, this interrupts the period. After limitation, no compensation is possible anymore, even for valid claims from Rotterdam courts.
Practice in Rotterdam: Many victims of port or traffic accidents miss deadlines due to ignorance; always consult a lawyer at the Juridisch Loket Rotterdam or a specialised lawyer on the Coolsingel.