Limitation Periods for Non-Pecuniary Damage Compensation in Delft
In Delft, claims for non-pecuniary damages, such as compensation for pain and suffering following accidents on the Markt or bicycle paths along the canals, become time-barred after 5 years from the day following the event in which the injured party became aware of the damage and the liable party (Article 3:310 of the Dutch Civil Code). In personal injury cases in the Delft region, the limitation period is often interrupted by a letter of demand via the local district court.
Specific Limitation Periods in the Delft Context
- Standard: 5 years after discovery of the damage, for example, in cases of falls on slippery pavements in the city centre.
- Fatal damage: 5 years after the date of death, relevant in traffic accidents on Delft roads such as Rotterdamseweg.
- Medical malpractice: 5 years after reasonable discovery, often in treatments at Reinier de Graaf Hospital.
- Interruption: By way of a formal notice, writ of summons, or report to the Delft police.
Tips to Prevent Limitation in Delft
Send a timely registered letter to the liable party or insurer. In cases where the liable party is unknown following an incident in Delft, immediately file a report at the police station on Phoenixstraat; this effectively interrupts the limitation period. After the limitation period has expired, compensation is no longer possible, even for a valid claim at the District Court of The Hague, Delft branch.
Practice in Delft: Many victims of bicycle accidents or workplace accidents at TU Delft miss deadlines due to lack of awareness; always consult a local attorney from the Delft Bar Association for tailored advice.