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How long do you have to file a personal injury claim in Kentucky?

On Behalf of | Jun 24, 2024 | Personal Injury |

The aftermath of an accident can be overwhelming. The injured person often has a lot to manage, from recovering physically to fixing property damage.

However, handling these items can cause an individual to delay filing a personal injury claim for fair compensation. Residents should be aware of Kentucky’s statute of limitations to avoid missing the deadline and any chances of recovering damages.

Kentucky’s statute of limitations

Each state has its own rules about the time limit for filing personal injury claims. Kentucky generally gives plaintiffs one year from the date of the incident. However, car accident cases, which tend to be the most common personal injury claims, have two years from the accident date.

In medical malpractice cases, injured parties have one year from the day they learn about any harm from negligent care. Even if a person does not discover the injury until years later, that individual can bring a case as long as it is within one year of discovery.

Exceptions to the rule

There are a few exceptions to these general standards. For instance, if the injured party is a minor, the statute of limitations may begin on their 18th birthday. Similarly, courts may pause the start date if the person has a mental disability or becomes mentally incompetent because of the accident.

Another factor is if the defendant in the case leaves Kentucky. Then, the start date on the statute of limitations might pause until that person’s return.

Regardless of these exceptions, starting a personal injury case as soon as possible is important. Waiting can lead to degrading evidence or fading memories, weakening your claim. Talking to an experienced personal injury attorney is crucial after an accident.

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