Immediately after a major car accident in which you or a loved one got badly injured, a lawsuit is almost certainly the last thing on your mind. You are more worried about getting medical attention as quickly as possible. It might be days later, when you get a complete diagnosis of your injuries, that the financial implications finally become clear.
Depending on if the liable driver’s insurance company treats you fairly or not, a lawsuit might be necessary to fight for compensation for damages like medical bills, lost wages, and your pain and suffering. But if you are thinking about a suit in Kentucky, you might need to take action soon — sooner than you realize.
Time limit on car crash lawsuits in Kentucky
That’s because Kentucky imposes a one-year statute of limitations on car accident and most other personal injury claims. The statute creates a one-year limit to file suit “after the cause of action accrued” on litigation related to “an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice or servant.” Practically speaking, this means you have one year from the date you found out about your injury or reasonably should have discovered it to sue the party responsible. Filing after the one-year date may cause the court to dismiss your claim, regardless of how much evidence is on your side. There are narrow exceptions that may allow your case to move forward. An experienced attorney can best explain your options.
This is one of the strictest statutes of limitations in the country. Many other states allow injured parties to wait two years or more before suing. The idea behind statutes of limitations is if a plaintiff waits too long before taking legal action, witnesses’ memories can fade and evidence can disappear. But most other states do not believe justice is impossible after just one year.
Don’t hesitate to learn your legal rights
Because your right to recovery after a motor vehicle accident goes away so quickly, you need to know your legal options as soon as possible. Speaking with a personal injury attorney can let you know how to proceed.