WHAT IS THE STATUTE OF LIMITATIONS FOR PERSONAL INJURY CLAIMS?
Feb. 28, 2017
The statute of limitations is essentially a deadline by which you must file your personal injury claim. Statutes of limitations can vary depending on the type of case, and they are often different from state to state.
If you attempt to file a lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case. As such, it is critical that you take legal action as soon as possible.
If you suffered an injury or lost a loved one due to another person’s negligence in Kentucky, contact the Troutman Law Office. Matt Troutman is an injury attorney in Lexington who has the knowledge, resources, and litigation experience to help you fight for the maximum compensation for medical bills, lost wages, and non-economic damages. Call today to schedule a free initial consultation.
Read on to learn about personal injury statutes of limitations in Kentucky:
ACTIONS THAT MUST BE BROUGHT WITHIN ONE YEAR
Pursuant to KRS 413.140, the statute of limitations for personal injury claims related to slips and falls, medical malpractice, nursing home abuse, assault, and other types of cases is one year from the date when the injury occurred or from the date when it should have been reasonably discovered. There are, however, some exceptions to this rule. For example, in medical malpractice cases, the clock might not start ticking until you have completed treatment with the doctor who acted negligently.
ACTIONS THAT MUST BE BROUGHT WITHIN TWO YEARS
In auto accident cases, the statute of limitations is usually two years from the date of the death, injury, or the last added or basic reparation payment has been made by the obligor.
ACTIONS THAT MUST BE BROUGHT WITHIN FIVE YEARS
In product liability cases, the court will assume that the product was not defective if the death, injury, or property damage occurred more than five years after the date it was purchased or more than eight years after the date it was manufactured.
The five-year statute of limitations also applies in cases that involve injuries due to home construction. Action must be brought within five years of the original occupancy of the building or modifications.
ACTIONS THAT MUST BE BROUGHT WITHIN SEVEN YEARS
Actions that involve an injury or illness due to child sexual abuse or assault must be brought within seven years of the date when the victim knew or should have reasonably known that the abuse occurred, or from the date when the victim turned 18.
In any personal injury case, if the plaintiff was a minor or was disabled when the injury or illness occurred, the statute of limitations may be extended. The clock will not start ticking until the plaintiff turns 18 or the disability is resolved.
If you intend to file a personal injury claim, it is critical that you take action before the statute of limitations expires. Attorney Matt Troutman can help you meet all relevant deadlines and fight for the maximum payout. Call today to schedule a free consultation with an injury attorney in Lexington.