If you or a loved one was injured in a personal injury accident, contact an attorney before anything else to ensure that your rights are protected within the Kentucky statute of limitations. The amount of time that you will have to bring a claim against an individual or insurance company is dependent on the type of accident that you experienced and a number of other vitally important factors. At GSAS, we are dedicated personal injury attorneys with experience navigating the Kentucky statute of limitations. We can help make sure that you take the right steps after your accident to avoid being taken advantage of.
Kentucky Statute of Limitations Explained
A statute of limitations is a law that sets a deadline for people to initiate legal action in a dispute. If a person waits too long to begin legal action, and the statute of limitations expires, then the case will be deemed too old and will not be litigated.
The length of time provided by the statute of limitations is dependent on the type of legal proceedings. Some severe cases, such as murder or genocide, have no statute of limitations. For the most part, the time allowed for Kentucky statute of limitations is dependent on the severity of the offense.
What is the Personal Injury Statute of Limitations in Kentucky?
In the state of Kentucky, the personal injury statute of limitations gives you one year to file legal proceedings. This includes cases that are attempting to determine the fault of “negligence” such as a bike accident injury, and “intentional tort” cases, such as assault.
If you have been injured in any of the following ways you could be liable to collect compensation if you submit a legal claim within the one-year statute of limitations:
- Pedestrian accident
- Bike accident
- Animal attack
- Injury sustained due to negligence of personal property upkeep
Kentucky has a separate two year statute of limitations for personal injury sustained in vehicle accidents due to the no-fault insurance rule.
What Are Exceptions to Accident Statute of Limitations?
There are various exceptions to the personal injury statute of limitations. These exceptions extend the life of the statute, allowing the victim to come forward past the usual amount of time granted. These can include:
Kentucky Revised Statutes Section 413.170
If you’ve obtained a personal injury accident under the age of 18 or is deemed incapacitated, you will be given one extra year after you either turn 18 or are deemed legally capacitated.
Kentucky Revised Statutes Section 413.190
If the defendant (the person you are suing) is absent from the state of Kentucky after the injury but before you bring litigation against them, the statute of limitations is paused. This is also the case if the defendant hides or conceals themselves within the state.
What Are Bike Accident Statutes of Limitations in Kentucky?
Although a bicycle is considered a vehicle in the state of Kentucky, the bike accident statute of limitations is one year compared to the vehicle accident statute of limitations. This is because cyclists are not required to carry no-fault insurance to ride a bike. As such, a shorter statute of limitations is necessary.
Don’t Let the Statute of Limitations for Your Accident Run Out: Contact a Personal Injury Attorney from Spivak & Sakellariou Today
As a victim of a Kentucky personal injury accident, you are entitled to financial compensation. Insurance companies and adjusters are masters at negotiation. It pays for them to pay out as little as possible and they spend a lot of time and money ensuring that they are positioned to do just that.
That’s where an Accident Attorney from Spivak & Sakellariou comes in. We have your best interests at heart and are focused on getting you the results you rightly deserve. We’ve negotiated hundreds of settlements for our clients and have a proven track record of results and satisfied clients.