Limitation Periods for Non-Material Damage Compensation in Amsterdam
In Amsterdam, claims for non-material damage, such as pain and suffering after traffic accidents on the Ring A10 or bicycle accidents in the canal district, 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 personal injury cases in the city, the period is often interrupted by a summons letter via a local lawyer.
Specific Periods in the Amsterdam Context
- Standard: 5 years after discovery, for example in the case of a fall on an Amsterdam sidewalk.
- Death-related damage: 5 years after death, relevant in incidents in busy neighborhoods like the Jordaan.
- Medical errors: 5 years after reasonable discovery time, often in cases at Amsterdam hospitals such as the OLVG.
- Interruption: By demand letter, writ of summons or report to the Amsterdam police.
Tips to Prevent Time-Bar in Amsterdam
Send a registered letter to the perpetrator or insurer in a timely manner. If the perpetrator is unknown, such as in a 'hit-and-run' on the Amstelveenseweg: file a police report immediately at a station such as the one on Marnixstraat; this interrupts the period. After time-bar, no compensation is possible anymore, even for valid claims in the Rechtbank Amsterdam.
Practice in Amsterdam: Many victims of scooter accidents or café incidents miss deadlines due to ignorance of local procedures; always consult a lawyer specialized in Amsterdam personal injury cases for timely action.