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) 783-8311 or contact us online for a free consultation.