Limitation Periods for Non-Material Damage Compensation
Claims for non-material damage become time-barred after 5 years from the day following the event on which the injured party has knowledge of the damage and the perpetrator (Article 3:310 BW). In cases of personal injury, often interrupted by a summons.
Specific Periods
- Standard: 5 years after discovery.
- Death-related damage: 5 years after death.
- Medical errors: 5 years after reasonable discovery time.
- Interruption: By demand letter or writ of summons.
Tips to Prevent Limitation
Send a registered letter in a timely manner. If perpetrator unknown: police report interrupts the period. After limitation, no compensation possible, even with a valid claim.
Practice: Many victims miss deadlines due to ignorance; always check with a lawyer.