August 04 2010

How Long Can You Wait To File A Kentucky Accident Case?

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Did you know that there are time limits for you being able to file your Kentucky accident case?  If you’ve been injured in a car accident, a bicycle accident or a loved one has died in a fatal truck accident there is a time limit called the Statute of Limitations.  This is the time-frame that you have to file your lawsuit in court or to settle your accident case with the insurance company. If it is not accomplished in the time set out you forever waive the right to bring a lawsuit and collect damages from the person who injured you. 

In Kentucky, the Statute of Limitations for injuries suffered in a motor vehicle accident is two years from the date of the accident or two years from the date the last no-fault PIP payment for your medical bills is paid by your insurance company.  This time frame cannot exceed four years.

Statutes of Limitation are different in every state. They can even vary depending on the type of accident you were in or who you are bringing the lawsuit against. In Kentucky the Statute of Limitations is different for different types of claims. For many claims, such as auto defects or product liability claims, the Statute of Limitations is one year. There can also be a question as to when the statute begins to run. It is always best to consult an experienced personal injury attorney that concentrates in that area of law. If you guess you could be wrong.

I had to give this bad news to a young lady that called me last week. She had been in an accident when she was seventeen. I determined from speaking with her that the Statute of Limitations for this accident was one year. The accident happened in 2008. The time had run. I thought I might save it because she was a minor at the time the accident happened. Generally you have one year after you turn eighteen to bring most accident cases in Kentucky. Unfortunately it had been nineteen months since she turned 18. Even though she was severely injured there was nothing I could do. I felt bad giving her this news. If only she had called a personal injury attorney sooner.

The bottom line is if you’ve been in an accident, you need to be aware of these time-frames because if you do not act within that time, you will not be able to recover no matter how severe your injuries are.