Germany

What are the time limits for filing a personal injury claim in Germany?

3 years

Standard limitation period

End of year

When clock starts (not date of injury)

§ 195 BGB

Governing statute

§ 199 BGB

Knowledge-based start rule

The Short Answer

In Germany, most personal injury claims under § 823 BGB must be filed within three years from the end of the year when the injured person knew (or should have known) both the injury and the identity of the liable party.

What the Law Says

German law does not set a special time limit just for personal injury claims. Instead, they fall under the general civil limitation rules — primarily §§ 195 and 199 of the German Civil Code (BGB). These rules apply to all claims for damages arising from torts, including those under § 823 BGB.

The standard limitation period is three years (§ 195 BGB). However, this period does not begin on the day of the injury. Under § 199 BGB, it starts at the end of the calendar year in which: (1) the claim arose, and (2) the injured person either knew—or reasonably should have known—the facts giving rise to the claim and the identity of the liable party.

There is also an absolute long-stop: no claim can be brought more than 30 years after the damaging act occurred (§ 199(4) BGB), regardless of knowledge.

Note: § 823 BGB itself defines *when* liability arises (e.g., for bodily injury caused by negligence), but it does *not* set the deadline to sue — that’s governed by the limitation statutes.

Statutory Text
Wer vorsätzlich oder fahrlässig das Leben, den Körper, die Gesundheit, die Freiheit, das Eigentum oder ein sonstiges Recht eines anderen widerrechtlich verletzt, ist dem anderen zum Ersatz des daraus entstehenden Schadens verpflichtet.
— BGB § 823 — Duty to compensate for tortious acts

What Courts Have Said

German courts consistently apply the knowledge-based start rule in § 199 BGB to personal injury cases — especially where injuries or their causes (e.g., medical complications or latent effects) are not immediately apparent.

BGH VI ZR 252/21

Bundesgerichtshof, 6. Zivilsenat · 2023

While focused on sports injury liability, this ruling reaffirms that awareness of harm and causation triggers the limitation period — even in contexts where injury is immediate, knowledge of legal responsibility may develop later.

What to Do

Document the injury, medical treatment, and any communication with the responsible party as soon as possible.

Consult a lawyer before the end of the year following when you first knew (or should have known) who caused your injury and that it was serious enough to claim damages.

If your injury involves delayed symptoms (e.g., occupational disease or post-surgical complications), act promptly upon diagnosis — the limitation clock starts then, not at initial exposure.

Never assume the clock starts on the accident date — German law uses the 'knowledge rule', not the 'event rule'.

Sources

statuteBGB § 823 — Duty to compensate for tortious acts statuteBGB § 195 — Regular limitation period statuteBGB § 199 — Commencement of limitation period caseBGH VI ZR 252/21 (2023)

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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.