Statute of Limitations in Kentucky

When you are injured due to someone’s carelessness, recklessness, or intentional misconduct, you may be able to sue for damages. However, you must do so within the statute of limitations.  As a general rule in Kentucky, the statute of limitations requires you to file your lawsuit within either one or two years of the injury date.

What Types of Personal Injury Does a Statute of Limitations Apply?

Personal injury is defined by injury to the body, mind, or emotions. In most US jurisdictions, personal injury refers to a type of tort lawsuit where the plaintiff brings an action against another party after suffering physical, mental, or emotional harm.

Kentucky Revised Statutes outline the different personal injury legal actions you can bring under the KY statute of limitations:

• Motor Vehicle Wreck:  2 years from the date of the wreck/date of last PIP payment.
• Medical Malpractice: 1 year from injury date/date of discovery of malpractice.
• General Negligence: 1 year from injury date

Personal injuries caused by traffic accidents are outlined under a different statute, § 304.39-230, which provides a two-year limitation on filing. The two-year time limit starts on the date of the accident or from the date of your last PIP benefit payment.

Are There Any Exceptions to the Statute of Limitations?

Rarely, a deadline may be extended. This may include situations where the negligence has been fraudulently concealed and, possibly, some other limited exceptions. It is advised that you consult with a Kentucky personal injury attorney as soon as possible, as these exceptions are not guaranteed.

What Happens if I Miss the Deadline?

The statute of limitations is strictly enforced by judges.  If you miss the deadline to file and your case is dismissed, this means that no matter how negligent the defendant is, you most likely cannot legally hold them accountable. This is why it’s extremely important to immediately consult a personal injury attorney.

Contact an Experienced Personal Injury Attorney

The quicker you reach out to an attorney about your case, the more likely you are to receive fair compensation for your injuries. The lawyers at Saladino & Schaaf have more than 75 years of combined experience representing Kentucky personal injury clients. Contact us for a free case evaluation or call us at 270-444-0406 (Paducah) / 270-753-1529 (Murray) to discuss your accident with one of our attorneys.