If you were recently injured in a car accident, a truck accident, on someone else’s property, or in some other accident that was not your fault in Kentucky, you may be considering filing a personal injury claim, as you should be.
However, it’s absolutely vital that you understand that each state has time restraints for filing a personal injury claim – this is technically called a “statute of limitations.” A statute of limitations is a strictly-enforced deadline for filing a lawsuit in civil court, and there are different statutes of limitations for different types of civil cases.
What if I Miss the Window?
If you miss the small window to file your personal injury claim, you will lose the ability to file a lawsuit permanently. For example, if you were to file a lawsuit after the statute of limitations expired, the court would refuse to hear your case. The door would be shut and you would have zero legal recourse – this is why it’s crucial to file your claim within the state’s statute of limitations.
What is the statute of limitations? Under Section 413.140 of the Kentucky Revised Statutes, plaintiffs (injured parties) have one year after the date of the accident or injury to file a personal injury claim for compensation, with limited exceptions for victims who are children or declared legally incapacitated. The one-year statute of limitations also applies to personal injury claims for medical malpractice (against a doctor, surgeon, dentist, or another healthcare provider at a hospital).
If you were injured in an accident due to another’s negligence, you are urged to file a claim before the deadline runs out. If you miss this small one-year window, you would lose the opportunity permanently.
To file a personal injury claim within Kentucky’s statute of limitations, please contact the Law Office of Pamela C. Bratcher today.