When accidents happen, those injured often face lengthy recoveries, mounting bills, and emotional anguish. If you were injured due to someone else’s disregard for safety, it’s only fair that you have the opportunity to hold those at fault accountable and pursue the compensation you need.
Kentucky’s statutes of limitations define how much time you have to pursue certain types of injury lawsuits in the Commonwealth. For car wrecks, the most common type of injury claim we see, you have two years from the crash date to pursue a personal injury lawsuit against the party that caused your injury. Some other types of accident claims have shorter time limits.
Your first step should be to have an experienced personal injury lawyer review your accident and discuss whether you have a valid claim. Our attorneys at Morgan, Collins, Yeast & Salyer can help you understand the statute of limitations that applies to your claim.
4 Reasons Why It’s Essential to Know Your Filing Deadline
- There’s a lot to do beforehand – Before your lawyer can file a lawsuit, the lawyer will need to research what happened, gather evidence, negotiate with insurance companies, and draft a personal injury lawsuit.
- Valuable leverage is at stake – The threat of a potential lawsuit will often motivate insurance companies to stay at the negotiating table. If you miss the filing deadline, the insurer might respond by breaking off negotiations.
- Filing a lawsuit gives your lawyer additional tools – The discovery process begins soon after a lawsuit gets filed. In this phase of the suit, your attorney can ask the court for interrogatories, subpoenas, and depositions that might strengthen your case.
- Filing after the deadline has consequences – A judge will almost certainly dismiss a personal injury lawsuit filed after the deadline. This means you would lose the right to demand compensation at trial for your injuries.
Generally, you’ll give yourself the best chance of success by hiring a lawyer as soon as possible to investigate the accident and gather evidence before it is lost or deteriorates.
Statute of Limitations in Kentucky for Personal Injury Claims
Kentucky’s statute of limitations is in Title XXXVI, Chapter 413 of the Kentucky Revised Statutes.
For car accidents involving personal injuries, you have two years from the date of the wreck to file a personal injury lawsuit.
For many other types of personal injury cases involving you, your spouse, or your child, you have one year to file a lawsuit. It’s important to contact an attorney as soon as possible to start work on the case to preserve evidence before it is lost.
You also have one year to file a medical malpractice lawsuit against a doctor, dentist, surgeon, or hospital. The filing period begins when you first discover injuries or adverse effects.
One misconception is that you can’t file a malpractice lawsuit five years from the date the act of malpractice happened. Indeed, the Commonwealth used to enforce a statute of repose, which defines an outer time limit separate from the standard filing period. However, the Kentucky Supreme Court ruled it unconstitutional in McCollum v. Sisters of Charity of Nazareth Health Corp. Even if you discovered the injury five years after the act of malpractice, you can still file as long as you observe the one-year deadline.
Factors That Affect the Deadline for Filing a Lawsuit
Certain factors will affect the timeframe in which you can file a lawsuit. Your lawyer must consider the following aspects of your case and look to the statutes to determine the proper deadline.
- Nature of the incident – Different types of cases have their own specific deadlines.
- State laws – Each state has its own set of statutes of limitations. Kentucky’s one-year deadline is on the shorter end of the spectrum, while other states have more prolonged periods.
- Age of the plaintiff – Someone injured as a minor might have additional time to file a personal injury claim.
- Discovery of the harm – The consequences of certain accidents are immediately apparent, such as in a car crash or a slip-and-fall accident. However, sometimes, an injury is not immediately obvious. Some injuries are discovered months or years after the fact, such as patients who discover after the fact that they suffered harm as a result of medical malpractice.
Exceptions to the Statutes of Limitations
For the most part, deadlines established in the statute of limitations are strict. However, the law also considers circumstances beyond the plaintiff’s control that hinder their ability to file a lawsuit. A judge might extend the filing deadline if one of the following circumstances applies to the injury.
These are the exceptions present in Kentucky’s statutes and case law:
- Injured minor – If the person was under 18 when he or she was injured, the filing period doesn’t start until they turn 18 or get married.
- Mental disability – If an injured person is deemed to have a mental disability, the filing period could be paused.
- Defendant leaves Kentucky – If the defendant leaves Kentucky, the court may pause the filing period until they return to the Commonwealth. A toll could also be granted if the defendant goes into hiding or refuses service on the complaint.
- Discovery rule – In Wiseman v. Alliant Hospitals, Inc., the Supreme Court of Kentucky upheld a discovery rule in medical malpractice cases. The filing period for a malpractice lawsuit only begins once someone understands they’ve been harmed.
- A continuous course of treatment rules – In Harrison v. Valentini, the Kentucky Supreme Court held that a malpractice lawsuit filing period could be extended if someone received ongoing treatment from the same doctor or facility.
We encourage you to discuss any exceptional circumstances with your lawyer and ask them how tolling rules or precedents might affect your case.
Consult with a Lawyer to Determine the Applicable Statute of Limitations
If you’ve been hurt in an accident, the Lexington personal injury lawyers of Morgan, Collins, Yeast & Salyer can help you understand the unique deadlines for your situation. Kentucky Courage™ defines our aggressive but caring approach. We’ll examine every angle of your case to ensure we are pursuing the maximum amount of compensation for you. Contact our office today for a free consultation.
