Statute Limitations Personal Injury Claims

September 28, 2021

By Grossman Green PLLC

According to the Kentucky Office of Highway Safety, there were 780 car crash fatalities in 2020. If you’ve suffered injuries in a car wreck, it’s very important to know and understand the statute of limitations for car accident claims. The statute of limitations is a time limit of how long you have to file a lawsuit. These time windows vary in each area of law and are important to know. If you miss the window of opportunity, you are forever barred from being able to pursue a claim against the negligent person or company.

When it comes to personal injury law, our team at Grossman Green PLLC is ready to help you file a timely claim. Our firm has a group of award-winning attorneys who are committed to improving the lives of people in their community. We are proud to serve not only Louisville but the surrounding communities throughout Kentucky and Southern Indiana.

Statutes of Limitations in Kentucky

In the state of Kentucky, the statute of limitations for personal injury claims is generally one year. This means you generally have one year from the date of the incident to file your claim. However, it is very important to note that every case is different and there are sometimes exceptions to this rule.

In most states, car accidents generally fall under the personal injury umbrella when it comes to the statute of limitations. Kentucky differs, however. The statute of limitations for a car accident is dictated by the Kentucky Motor Vehicles Reparations Act, a law that governs car accidents in Kentucky. Under the MVRA, a person generally has two years from either the date of the accident OR the last personal injury protection (PIP) payment to file a lawsuit. Some people waived the MVRA statute so it is best to contact an attorney immediately after a car wreck to make sure you know your rights.

To file a lawsuit relating to a car accident, Kentucky law generally requires that you suffered a certain amount of injury. Generally speaking, you must have incurred a certain amount of monetary damages from the wreck ($1,000) or you suffered broken bones, disfigurement, or death.

What If You Miss the Filing Deadline?

Missing the filing deadline is the last thing that you want to happen in any kind of case. Time passes quickly, so it is important to reach out to an attorney for help as soon as possible.

What happens if you do miss the deadline? If you miss it, the court will likely dismiss your case. This is why speaking to an attorney as soon as you can after the accident ensures that deadlines do not get missed if you do have grounds to file a claim.

Exceptions to the Statute of Limitations

While the court will generally dismiss your case if you file after the statute of limitations has run out, there are exceptions to the rule. For example, the statute of limitations may be extended if the injured person was an infant or of unsound mind at the time of the wreck. However, such a condition will only delay or toll the statute of limitations for a period of time. There may be other exceptions that apply to your case so it’s important to have an attorney evaluate the specific facts of your case.

How an Attorney Can Help

When it comes to personal injury cases, an attorney can help you with every aspect of your case. This includes making sure that any filing deadlines — especially filing within the statute of limitations — are not missed. As you focus on moving forward and your health, let our team at Grossman Green PLLC focus on handling your case.

Our attorneys have extensive experience handling a broad range of personal injury cases, including auto and truck accidents. If you are in the Louisville, Kentucky area, or the surrounding areas of Southern Indiana, contact us today to set up your free consultation.