When compensation becomes time-barred, it means that the period allowed for claiming it has expired, and the injured party loses the right to pursue it. The specific regulations regarding this are outlined in Articles 118 and 442(1) of the Civil Code.

What Is the Statute of Limitations for Compensation?

The statute of limitations for compensation claims varies depending on the type of damage and the specific compensation being sought. For claims related to damages resulting from various types of accidents, the following statutes of limitations apply:

• Three Years: This is the standard period during which the injured party can claim compensation. The period begins from the moment the injured party becomes aware of the damage or the person responsible for it, typically the day the unfortunate event occurred. If the injured party does not contact the insurer within three years, the right to compensation expires.
• Two Years from Reaching Legal Adulthood**: This applies to individuals who were under 18 years of age at the time of the incident.
• 20 Years: This period applies to claims for damages resulting from a crime, calculated from the day the crime was committed, regardless of when the injured party became aware of it.

According to the Penal Code, a crime can be either a felony or a misdemeanor, meaning an act prohibited under the threat of punishment. Examples include:

• Traffic Accidents: Where the perpetrator is found guilty by the court.
• Medical Malpractice: Proven in court.
• Accidents on a Farm: Where the perpetrator is convicted by the court.
• Workplace Accidents: Where the injured party was not at fault, and the responsible person is convicted by the court.

Note! In all the above cases, the 20-year statute of limitations also applies if the criminal proceedings against the perpetrator are conditionally discontinued.

If, for any reason, the investigation into the crime was delayed or initiated late, the period for claiming compensation will still be 20 years, but it will be counted from the date of the incident, not from when the damage was discovered.

Can the Statute of Limitations for Compensation Be Extended?

The statute of limitations can be „interrupted,” which means it starts anew from the moment the injured party successfully submits a claim to the insurance company. The statute of limitations for compensation is then counted from the day the injured party receives the decision regarding the acceptance or rejection of the claim. The same happens when a lawsuit is successfully filed in court or when the perpetrator is summoned to resolve the matter amicably before the court.

Can the Statute of Limitations Be Interrupted?

The statute of limitations is considered interrupted when the claim is satisfied, acknowledged, or mediation begins to reach an agreement between the parties involved.

When Can the Statute of Limitations Be Suspended?

In specific situations, the statute of limitations can be suspended. This occurs, for example, when it is impossible to pursue compensation claims due to a force majeure event, such as a pandemic or a natural disaster. The statute of limitations can also be suspended when children file claims against their parents until parental authority ceases, when individuals under guardianship file claims against their guardians until supervision ends, and when spouses file claims against each other until the marriage is dissolved.

Were you a victim of an accident years ago and did not receive the compensation you were entitled to? Are you unsure if the statute of limitations has expired? Check if your compensation claim has become time-barred—contact Polska Kancelaria Pomocy Poszkodowanym, and our lawyers will analyze your case for free.

If there are grounds to reopen the case, we will handle the entire process comprehensively—we represent our clients before insurance companies and in both civil and criminal court proceedings at every stage. Ensure that the statute of limitations in your case has not passed!

It is possible to obtain compensation even after many years! Here’s an example: PLN 60,000 for an accident that occurred in 1999.

How Do We Operate? Here’s Our Compensation Claims Process:

• We analyze your case free of charge.
• We sign a clear, straightforward agreement.
• We assist in gathering necessary documents.
• We file a claim with the insurance company.
• We negotiate with the insurance company.
• If necessary, we take the case to court and represent the client at every stage of the process.
• Through our CRM platform, clients have constant access to the progress of their case.
• Compensation is paid out.
• Our fee is a percentage of the compensation won, which we determine individually.

Don’t wait—check when the statute of limitations for the compensation you want to claim expires and which statute applies to your case. We would be happy to answer any questions you may have!

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