⏳ Limitation periods for claims
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
- 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).
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