For information on Kentucky’s Statute of Limitations regarding injury lawsuits you should contact a Kentucky Personal Injury Lawyer regarding your particular case. Statute of Limitations varies by state and lawsuit. Statutes of Limitations are strictly upheld in court but can sometimes be reduced or increased making the laws complicated to interpret.
Kentucky Law and Personal Injury
Many types of personal injury fall under the KRS 413.140 ruling, which sets the statute of limitations to 1 year, from the time of the injury. This means you have 1 year after the injury to file a claim. The 1-year period applies to personal injury involving slips and falls, medical malpractice, nursing home neglect or abuse, animal attacks and other injuries. The 1-year period begins at different times based on the type of case and the individual situation. In some cases the 1-year period may not start until 1 year after the injury is discovered. The sooner you speak with a Kentucky Personal Injury Attorney regarding your case, the sooner pertinent facts and evidence can begin to be compiled. The longer you wait, the more likely evidence will be lost or altered.
Motor Vehicle Injuries
Car, truck, motorcycle and other motor vehicle injuries fall under KRS 304.39-230 and have a statute of limitations of 2 years. The lawsuit must be settled or filed within the 2-year period after the date of the injury, death or 2 years after the last payment of PIP (personal injury protection insurance) or basic reparations. This 2-year period varies by accident and complications of the injury including death and how much of the PIP has been paid. An experienced personal injury lawyer can review your case to make sure you are able to file a claim. There are many different incidences where the 2-year limitation is reduced.
Children and Mentally Disabled
The statute of limitations for unmarried minors and the mentally impaired can sometimes be increased. If your injury involves an unmarried minor or someone who is mentally challenged, seek counsel from an experienced attorney even if the statute of limitations is past.
Discussing Your Case With A Kentucky Personal Injury Lawyer
You should call your personal injury attorney as soon as you suffer injury or loss due to an accident or as soon as you discover the injury. The sooner your attorney begins the investigations, the more accurate the witnesses can testify and the evidence will be more readily available. As the Statute of Limitations can be reduced in some cases, it is imperative that you act quickly. If you have personal injury questions or questions about the statute of limitations, call Durrett & Kersting Law, PLLC.
The information contained herein is not legal advice. There are additional factors that must be considered in each case and may change the statute of limitations. The information herein should not be relied on and you should contact an attorney about your specific case.