Legislator Case Law & Legislation
BS-183/2011-ODE ECLI:DK:ODE:2022:BS0000004775 AI generated

Court dismisses claim for lost earnings due to traffic accident as statute of limitations has expired.

Case Number BS-183/2011-ODE
Court / Authority
Jurisdiction Denmark (DK)
Decision Date
Outcome Dismissed

Legislator summary

AI generated

The court dismissed the plaintiff's claim for lost earnings resulting from a traffic accident, ruling that the limitation period had expired. The plaintiff argued that the accident occurred in 2008 and sought compensation for subsequent lost wages, while the defendant contended the claim was time-barred under Danish law. The court held that the three-year limitation period began running from the date of the accident and had fully elapsed by the time the suit was filed.

Legislator headnote

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s. 115 af lov om erstatning for personskade og tabt indkomst; The statute of limitations for claims for lost earnings arising from a traffic accident expires three years from the date of the accident, barring any subsequent claims filed after that period.

Keywords

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statute of limitations lost earnings claim traffic accident time bar civil procedure Danish law personal injury

Cited Legislation

AI generated
s. 115 of the Act on Compensation for Personal Injury and Lost Income
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Full text

Sag om, hvorvidt sagsøgerens krav på tabt arbejdsfortjeneste som følge af en færdselsulykke er forældet