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What is the Time Limit for Filing an Injury Claim in Kentucky?

personal injury attorney in Louisville

For most personal injury cases in KY, the statute of limitations for filing an injury claim is one year. This means you have one year to seek monetary damages through the state’s civil court when you have suffered an injury that was caused by another person or party. In general, the “clock” starts ticking on the one-year deadline starting from the date of the underlying accident or incident that caused the injury.

There are some exceptions to this, which include various car accident cases, minors with legal disabilities, and others. As always, it is best to speak with an experienced Kentucky personal injury attorney to discuss the specific circumstances of your case and the statute of limitations that may apply.

What is a Statute of Limitations?

Every state has specific deadlines for bringing various types of legal actions. This deadline is known as the “statute of limitations”. This is a very strict deadline, and if you bring an injury claim after the deadline expires, it will almost certainly be thrown out of court. There are a few limited exceptions in which a statute of limitations could be extended, but you should not count on any of them being applicable in your case.

One common instance when the statute of limitations might be extended is what is known as the “discovery rule”. This is applied when a plaintiff does not become aware of his or her injury and could not have discovered it through the exercise of reasonable diligence until a later date. For example, if you were repeatedly exposed to a toxic substance and you later developed an illness that can all only be contracted by exposure to this substance, the court may “toll” (or delay) the statute of limitations and start the clock on the day you were diagnosed with the illness.

Statute of limitations in Kentucky Car Accident Cases

The statute of limitations for motor vehicle accidents in Kentucky is a little more complicated than for most other types of injury claims. If your vehicle has no-fault insurance with personal injury protection (PIP) coverage, then your statute of limitations is two years from the date in which the last PIP payment is made by the insurance company. However, if you do not have insurance on your vehicle or you are from out of state and your vehicle is insured by a carrier that is not licensed in Kentucky, you may not have PIP coverage, in which case the statute of limitations for an injury claim would be just one year.

Motorcyclists, whether insured by a carrier that is licensed in the state of Kentucky or not, often do not have PIP coverage. PIP can be expensive, and motorcyclists are not required to carry it. For this reason, many of them choose not to. Again, without PIP coverage, the one-year statute of limitations would apply. It is also important to note that if someone is killed in a motor vehicle accident, the statute of limitations for filing a wrongful death claim is one year from the date of the accident.

The Importance of the Statute of Limitations in Personal Injury Settlement Negotiations

It is easy to see why you would need to file an injury lawsuit before the statute of limitations expires – otherwise, your case will almost certainly be dismissed. But some people overlook how critical this deadline is when they are trying to settle a claim with the insurance company. Whether you have one or two years, these are very short deadlines that can go by very quickly. 

Why is this important? Because if the statute of limitations to file a lawsuit (to seek damages for your injuries) expires before your claim is settled, you lose all of your leverage with the insurance company. In other words, without the potential threat of litigation, the insurance company has very little incentive to pay you a fair settlement.

Insurance companies are well aware of these deadlines, and they have sometimes been known to “slow walk” a claim in hopes of “running out the clock” on your right to initiate litigation. This is one of many reasons it is essential to work with a seasoned personal injury lawyer who understands the applicable statutes of limitations and has a successful track record recovering full and fair compensation for injured clients.

Call the Skilled and Knowledgeable Kentucky Personal Injury Lawyers at John H Ruby and Associates

If you or someone close to you suffered injury because of the negligent or reckless actions of another party, contact John H. Ruby and Associates for a free consultation and case assessment. If you are in the Louisville, LaGrange, Shepherdsville or Shelbyville, KY areas, call our office today at 502-895-2626. You may also message us through our online contact form or stop by our office in person at your convenience.

For most personal injury cases in KY, the statute of limitations for filing an injury claim is one year. This means you have one year to seek monetary damages through the state’s civil court when you have suffered an injury that was caused by another person or party. In general, the “clock” starts ticking on the one-year deadline starting from the date of the underlying accident or incident that caused the injury.

There are some exceptions to this, which include various car accident cases, minors with legal disabilities, and others. As always, it is best to speak with an experienced Kentucky personal injury attorney to discuss the specific circumstances of your case and the statute of limitations that may apply.

What is a Statute of Limitations?

Every state has specific deadlines for bringing various types of legal actions. This deadline is known as the “statute of limitations”. This is a very strict deadline, and if you bring an injury claim after the deadline expires, it will almost certainly be thrown out of court. There are a few limited exceptions in which a statute of limitations could be extended, but you should not count on any of them being applicable in your case.

One common instance when the statute of limitations might be extended is what is known as the “discovery rule”. This is applied when a plaintiff does not become aware of his or her injury and could not have discovered it through the exercise of reasonable diligence until a later date. For example, if you were repeatedly exposed to a toxic substance and you later developed an illness that can all only be contracted by exposure to this substance, the court may “toll” (or delay) the statute of limitations and start the clock on the day you were diagnosed with the illness.

Statute of limitations in Kentucky Car Accident Cases

The statute of limitations for motor vehicle accidents in Kentucky is a little more complicated than for most other types of injury claims. If your vehicle has no-fault insurance with personal injury protection (PIP) coverage, then your statute of limitations is two years from the date in which the last PIP payment is made by the insurance company. However, if you do not have insurance on your vehicle or you are from out of state and your vehicle is insured by a carrier that is not licensed in Kentucky, you may not have PIP coverage, in which case the statute of limitations for an injury claim would be just one year.

Motorcyclists, whether insured by a carrier that is licensed in the state of Kentucky or not, often do not have PIP coverage. PIP can be expensive, and motorcyclists are not required to carry it. For this reason, many of them choose not to. Again, without PIP coverage, the one-year statute of limitations would apply. It is also important to note that if someone is killed in a motor vehicle accident, the statute of limitations for filing a wrongful death claim is one year from the date of the accident.

The Importance of the Statute of Limitations in Personal Injury Settlement Negotiations

It is easy to see why you would need to file an injury lawsuit before the statute of limitations expires – otherwise, your case will almost certainly be dismissed. But some people overlook how critical this deadline is when they are trying to settle a claim with the insurance company. Whether you have one or two years, these are very short deadlines that can go by very quickly. 

Why is this important? Because if the statute of limitations to file a lawsuit (to seek damages for your injuries) expires before your claim is settled, you lose all of your leverage with the insurance company. In other words, without the potential threat of litigation, the insurance company has very little incentive to pay you a fair settlement.

Insurance companies are well aware of these deadlines, and they have sometimes been known to “slow walk” a claim in hopes of “running out the clock” on your right to initiate litigation. This is one of many reasons it is essential to work with a seasoned personal injury lawyer who understands the applicable statutes of limitations and has a successful track record recovering full and fair compensation for injured clients.

Call the Skilled and Knowledgeable Kentucky Personal Injury Lawyers at John H Ruby and Associates

If you or someone close to you suffered injury because of the negligent or reckless actions of another party, contact John H. Ruby and Associates for a free consultation and case assessment. If you are in the Louisville, LaGrange, Shepherdsville or Shelbyville, KY areas, call our office today at 502-895-2626. You may also message us through our online contact form or stop by our office in person at your convenience.