In Kentucky, the statute of limitations for personal injury claims is generally set at one year from the date of the injury.
Section 413.140 – Actions to be brought within one year
(1) The following actions shall be commenced within one (1) year after the cause of action accrued:
(a) An action for an injury to the person of the plaintiff, or of her husband, his wife, child, ward, apprentice, or servant
This means you have one year to file a lawsuit after an injury occurs. However, there are some exceptions to this rule which can extend the time you have to file.
The Discovery Rule
One important exception is the “discovery rule.” This rule may apply when an injury isn’t immediately apparent. In these cases, the clock for the statute of limitations begins ticking when you discover, or reasonably should have discovered, the injury.
In respect to the action referred to in paragraph (e) of subsection (1) of this section, the cause of action shall be deemed to accrue at the time the injury is first discovered or in the exercise of reasonable care should have been discovered; provided that such action shall be commenced within five (5) years from the date on which the alleged negligent act or omission is said to have occurred.
This is particularly relevant in medical malpractice cases, where an error might not be obvious right away. For example, if you had surgery and didn’t realize a surgical instrument was left inside your body until two years later, the statute of limitations may begin from the time you discovered the issue.
Car Accident Claims in Kentucky
According to car accident lawyers in Louisville, Kentucky is one of the few states that has a separate statute for car accident claims, distinguishing it from other personal injury cases. Here, the deadline to file a lawsuit for car accidents is two years.
304.39-320 Limitations of actions.
(1) If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss … If basic or added reparation benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor’s benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits.
This timeframe starts either from the date of the accident or from the date when the last payment of personal injury protection (PIP) benefits was made.
Other Exceptions to Personal Injury Statute of Limitations in Kentucky
When considering personal injury claims in Kentucky, it’s important to understand there are other exceptions to the statute of limitations that can impact when a case can be brought forward. Below are some of the most common examples:
Mental or Physical Incapacity: If an individual is unable to pursue a claim due to mental or physical incapacitation, the clock for the statute of limitations won’t start ticking until the individual regains capacity.
Minor: When it comes to minors who suffer an injury, they have until one year after their 18th birthday to file a claim. This provides them the opportunity to pursue justice once they reach adulthood.
413.170 Limitations of actions in KRS 413.090 to 413.160 do not run until removal
of disability or death.
(1) If a person entitled to bring any action mentioned in KRS 413.090 to 413.160,
except for a penalty or forfeiture, was, at the time the cause of action accrued, an
infant or of unsound mind, the action may be brought within the same number of
years after the removal of the disability or death of the person, whichever happens
first, allowed to a person without the disability to bring the action after the right
accrued.
Defendant’s Absence: If the person you’re filing a claim against is out of state or can’t be found, and this prevents serving them legal notice, the countdown on the statute of limitations is paused. The clock will only resume once the defendant is tracked down and served.
Claims Against the Government: For claims involving government entities, the rules are different, including the deadlines and how and where you must file it. Reach out to a personal injury lawyer as soon as possible after an accident to get started.
While the statute of limitations initially sounds simple, there are a lot of nuances that can make it challenging to apply in real-world situations. If you miss this deadline, you could be ineligible to recover any compensation, even if the other party was completely at fault for the accident and your injuries.
Contact us as soon as possible after an accident to schedule a free consultation with a Louisville personal injury lawyer.