In Polish law, the regulation that property claims, including damages, cannot be pursued indefinitely. The limitation institution shall aim to stabilise legal trading and to defend debtors from unlimited claims. If you have suffered harm and want to claim compensation, you must know the time limits and exceptions to general rules. In this article, we explain how the limitation of compensation claims works erstwhile it starts and how to avoid failure of compensation rights.
What is statute of limitations?
The limitation is simply a civilian law institution that limits the anticipation of redress after a certain period of time. This means that if the debtor raises a limitation charge, the court has dismissed the action, even if the claim is justified. It is worth remembering that the statute of limitations does not consequence in the expiry of the claim – it only prevents its investigation in court.
When do the claims for damages expire?
According to Article 4421 of the civilian Code, claims for damages expire within a period of time 3 years from the date on which the injured individual found out about the harm and the individual liable for repairing it. It is crucial that the deadline does not run from the minute of the damage, but from the minute that the injured individual may have known its circumstances.
However, there is besides maximum period – 10 years after the injury event. After that time, the claim expires, even if the victim did not know about the damage.
Exceptions to limitation rules
1. Harm resulting from crime
If harm is caused by a prohibited act (e.g. fatal road accident), the limitation period shall be 20 years after the crime was committed.
2. Medical errors
In the case of medical errors, standard time limits apply – 3 years after the discovery of injurybut not more than 10 years after the event.
How do we halt the statute of limitations?
The statute of limitations may be terminated by taking legal action, for example:
- filing a lawsuit,
- initiation of mediation,
- send a call for payment.
After the interruption, the deadline starts moving again, which gives additional time to claim.
Why is it not worth delaying the claim?
The statute of limitations may deprive you of your right to compensation, even if the harm is documented. Therefore, it is worth to act rapidly – collect evidence and consult a lawyer who will aid keep deadlines.
Summary
- Standard limitation period: 3 years after the harm was detected.
- Maximum period: 10 years since the incident.
- Longer time limits: 20 years for crime.
- Termination of limitation: possible by legal action.
Do not hazard losing your compensation – act in good time!
In case of doubt, it is worth consulting a lawyer to avoid unnecessary disputes.The information on the website is simply a description of the legal position at the date of publication and is not a legal advice on an individual case. The legal position of publication may change. The law firm is not liable for utilizing an alert to solve legal problems.
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