Time limits for injury claims in Poland

Bartosz Krycki, attorney-at-law · 7 min read

After an accident or medical negligence in Poland, the basic time limit is three years from the day you learned of the damage and of the person liable. For injury to the person, that period cannot end earlier than three years from that knowledge, even if the event was long ago. If the injury was caused by a crime, the limit is twenty years from the crime. Children have at least two years after reaching adulthood, and reporting the claim to the insurer interrupts the period.

The basic rule: three years

A claim for damage caused by a tort becomes time-barred three years from the day the injured person learned, or with due care could have learned, of the damage and of the person liable. The period cannot be longer than ten years from the event that caused the damage (Article 442¹ § 1 of the Civil Code).

Two moments matter: when you knew you were harmed, and when you knew who was responsible. In a road accident both are usually clear from the start. In medical cases or falls on unknown premises, finding out who is liable may take time, and the period starts from that knowledge.

Injury to the person: at least three years from knowledge

For injury to the person, the limitation period cannot end earlier than three years from the day you learned of the damage and of the person liable (Article 442¹ § 3 of the Civil Code). This matters where harm appears years after the event, for example the late consequences of surgery. The ten-year limit then does not cut off the claim.

Damage caused by a crime: twenty years

If the damage resulted from a crime, the claim becomes time-barred twenty years from the day the crime was committed, regardless of when you learned of the damage and the person liable (Article 442¹ § 2 of the Civil Code). A road accident in which another person suffered injuries lasting more than seven days is a crime under Polish law (Article 177 § 1 of the Criminal Code in conjunction with Article 157 § 1 of the Criminal Code), so for its victims the longer period can apply.

Children

The limitation period for a minor’s claim for injury to the person cannot end earlier than two years after the child reaches adulthood (Article 442¹ § 4 of the Civil Code). Parents can claim on the child’s behalf earlier, and usually should, because evidence fades with time.

Claims against insurers

A claim against the liability insurer of the person responsible becomes time-barred in the same period as the claim against that person (Article 819 § 3 of the Civil Code). Reporting the claim or the event to the insurer interrupts the period, and it starts again from the day you receive the insurer’s written statement granting or refusing payment (Article 819 § 4 of the Civil Code).

For compulsory insurance, such as motor third-party liability, the insurer must pay within 30 days of the notification. If the circumstances cannot be clarified within that time, it pays within 14 days of when clarification became possible, but no later than 90 days, unless its liability or the amount depends on pending criminal or civil proceedings (Article 14 paragraphs 1 and 2 of the Act on Compulsory Insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau).

The Medical Events Compensation Fund

An application to the Fund must be filed within one year from the day you learned of the infection, injury, health disorder or death, and no later than three years from the event (Article 67t paragraph 3 of the Patients’ Rights Act). This deadline is separate from the court deadline and much shorter. More in the guide on the Fund and the court.

All deadlines at a glance

Questions people ask