Experiencing a personal injury can be incredibly difficult. The time and expenses involved in recovery can be overwhelming. No one should feel helpless when facing medical bills, lost income or long-term health effects. Seeking compensation for these losses from the responsible party is a reasonable step.
However, there are important legal requirements to keep in mind, including specific deadlines.
Understanding the “statute of limitations”
In Kentucky, as in other states, a legal concept called the “statute of limitations” applies to personal injury claims. This is essentially a deadline for filing a lawsuit. The general rule in Kentucky is that you have one year from the date of your injury to file a personal injury lawsuit.
This one-year limit applies to most personal injury cases, including car accidents, slip-and-falls and medical malpractice. However, there are exceptions. For example, claims against a government entity may have an even shorter timeframe and additional notice requirements.
If you miss this deadline, you may not have the ability to seek compensation through the court system. A court will likely dismiss your case if it’s filed after the statute of limitations has expired, regardless of how strong your claim is.
File a claim as soon as possible
While you have up to a year to file, you should begin the process as soon as possible after your injury. Here’s why:
- Evidence preservation: Gathering and preserving evidence is easier the sooner you start.
- Witness memory: Witnesses’ memories are clearer shortly after an incident.
- Insurance company tactics: Insurers may try to delay the process, hoping you’ll miss the deadline.
- Unexpected complications: Legal processes can take time, and unforeseen issues may arise.
- Peace of mind: Starting early allows you to focus more on your recovery.
Filing a claim doesn’t necessarily mean you’ll immediately go to court. For many claims, you can settle out of court. However, filing a claim protects your rights and keeps your legal options open. If you’re unsure about your specific situation or the applicable deadline for your case, consider seeking a personal injury attorney.