⏳ Limitation periods for claims

Regularly three years from the end of the year in which you gained knowledge. Negotiations and certain procedures suspend the period.

limitation period 195 199 suspension lawsuit negotiations deadline

In brief

Claims can become time-barred. You then can no longer enforce them if the other side relies on this.

The usual period is three years. It starts at the end of the year in which the claim arose and you learned of the circumstances.

For injury to body or health, a maximum period of 30 years also applies.

During negotiations and in a lawsuit the period can be suspended. Get advice before you rely on this.

Step by step

Clarify the dateWhen did you learn of the error and of who was responsible?
Calculate the end of the periodCount three years from the end of that year.
Act earlyGet advice early.
Clarify suspensionAsk whether negotiations or procedures suspend the period.

Deadlines

3 years

Regular limitation period, starting at the end of the year of knowledge§§ 195, 199 Abs. 1 BGB

30 years

Maximum period for injury to life, body, health or freedom§ 199 Abs. 2 BGB

at the earliest 3 months after the suspension ends

In negotiations about the claim, the claim becomes time-barred at the earliest three months after the suspension ends§ 203 BGB

Watch out – common mistakes

When you have "knowledge" can be difficult in a dispute; "gross negligent ignorance" is equivalent to knowledge.
An application to the arbitration board of the medical chamber suspends the limitation period (§ 204 Abs. 1 Nr. 4 BGB); the suspension ends six months after the procedure ends.
Filing a lawsuit suspends the limitation period; in practice it must be done in time.

In depth · legal basis, figures and practice – for advisers and professionals

Regular period (§§ 195, 199 Abs. 1 BGB)

The regular limitation period is three years (§ 195 BGB). Under § 199 Abs. 1 BGB it starts at the end of the year in which the claim arose and the creditor gained knowledge, or without gross negligence should have gained knowledge, of the circumstances giving rise to the claim and of the identity of the debtor.

Maximum period (§ 199 Abs. 2 BGB)

Damages claims based on injury to life, body, health or freedom become time-barred, regardless of when they arose and of knowledge, 30 years after the act, the breach of duty or the other event causing the harm. Different figures of ten years found in some guides concern § 199 Abs. 3 BGB for other damage.

Suspension (§§ 203, 204 BGB)

If negotiations about the claim or the circumstances giving rise to it are pending, the limitation period is suspended under § 203 BGB until one side refuses to continue; the claim becomes time-barred at the earliest three months after the suspension ends. Under § 204 Abs. 1 Nr. 1 BGB, filing a lawsuit suspends the period; under Nr. 4, so does notification of an application to a state or state-recognised dispute resolution body or, with the opponent's agreement, to another dispute resolution body. Under Abs. 2, the suspension ends six months after a final decision or other termination of the procedure. For procedures before the arbitration boards of the medical chambers: under BGH, judgment of 17 January 2017 – VI ZR 239/15, the opponent's agreement is irrebuttably presumed; a later refusal does not prevent the suspension. The suspension takes effect from the receipt of the application if the application is notified "soon" (demnächst). It ends six months after the end of the procedure (§ 204 Abs. 2 Satz 1 BGB).

Who is responsible

Civil court
Specialist lawyer for medical law
Stiftung Unabhängige Patientenberatung Deutschland (independent patient advice foundation)

Quick questions

Worum geht es bei „Limitation periods for claims“?

Regularly three years from the end of the year in which you gained knowledge. Negotiations and certain procedures suspend the period.

Which deadlines and figures matter?

3 years: Regular limitation period, starting at the end of the year of knowledge (§§ 195, 199 Abs. 1 BGB)
30 years: Maximum period for injury to life, body, health or freedom (§ 199 Abs. 2 BGB)
at the earliest 3 months after the suspension ends: In negotiations about the claim, the claim becomes time-barred at the earliest three months after the suspension ends (§ 203 BGB)

What should I do first?

Clarify the date: When did you learn of the error and of who was responsible?
Calculate the end of the period: Count three years from the end of that year.
Act early: Get advice early.

What do I need to watch out for?

When you have "knowledge" can be difficult in a dispute; "gross negligent ignorance" is equivalent to knowledge.
An application to the arbitration board of the medical chamber suspends the limitation period (§ 204 Abs. 1 Nr. 4 BGB); the suspension ends six months after the procedure ends.
Filing a lawsuit suspends the limitation period; in practice it must be done in time.

Evidence

Gesetze im Internet, BGB § 195, retrieved 20 September 2026
Gesetze im Internet, BGB § 199, retrieved 20 September 2026
Gesetze im Internet, BGB §§ 203, 204, retrieved 20 September 2026

As of

September 2026 · Sources and method

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