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What Is the Kentucky Statute of Limitations for Car Accident Cases?

A statute of limitations is a state-mandated law that sets a time limit on the right to bring a lawsuit to a court of law. The statute of limitations governing car accident claims is the same that governs personal injury claims.

Kentucky Revised Statutes section 413.1401(1)(a) gives a person up to 1 year after the accident to file a car accident claim with the court.

Who Can File a Case?

Any person who has been injured in an auto accident can file a claim, including:

  • auto drivers
  • auto passengers
  • motorcycle riders
  • motorcycle passengers
  • bicyclists
  • pedestrians

The deadline for filing a case is one year after the date of the accident. If the case involves a wrongful death claim, the deadline is extended to 2 years from the date the person died.

Comparative Negligence

The state of Kentucky is a pure comparative fault state; this means the amount of money you can recover in a car accident-related case can be reduced by the percentage of your level of fault in the accident. For example, a jury may decide that the injures, pain, and suffering you sustained in the accident are equal to $50,000 in compensation. However, the jury may also find you to be 15% at fault for the accident, which means your monetary compensation will decrease by 15%.

The comparative negligence rule can be easily navigated by a car accident attorney who will work with a jury and/or insurance company to seek the full compensation you deserve.

Contact the Law Office of Pamela C. Bratcher

Our car accident lawyer understands how jarring a car accident can be. We can help you seek the full monetary compensation you deserve as well as negotiate a fair percentage of comparative negligence.

Call our firm today at (270) 977-8910 or contact us online for a free consultation.

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