What is the Statute of Limitations for Filing a Car Accident Lawsuit in Kentucky?

What is the Statute of Limitations for Filing a Car Accident Lawsuit in Kentucky?

When you are injured in a motor vehicle accident, filing a lawsuit to recover compensation from the other driver may not be a high priority. However, you need to act before you time runs out to file a lawsuit or you could lose your right to receive reimbursement for your injuries. Kentucky law limits the time you have to file a car accident lawsuit. After that time, if you file a claim, it can be dismissed for failing to meet the deadline.

According to the Kentucky Revised Statute 304.39-230, you have two years from the date of the accident or two years from the date of the last PIP or no-fault medical payment, whichever date is later. However, there are exceptions to this rule that could shorten or lengthen the time you have to file an accident lawsuit.

Because the calculation of the deadline to file a lawsuit can involve exceptions and complex legal theories, it is in your best interest to consult with a Kentucky car accident attorney. The facts of your case could change the time to file your lawsuit. We will review the facts to determine the deadline to file as well as protect your legal right to receive full compensation for your damages.

What Are the Exceptions to the Car Accident Statute of Limitations?

There are some exceptions to the general 2-year statute of limitations for filing a vehicle accident lawsuit. For instance, if you have Kentucky no-fault insurance for your motorcycle, your time to file a lawsuit is one year from the date of the accent. Another one-year deadline applies to any lawsuit that is naming a state or court government employee, agency, or entity as a party to the lawsuit. In addition, claims for wrongful death have a one-year deadline as do any lawsuits involving a product liability claim (i.e. defective brakes or defective airbags).

In some cases, the statute may be extended, but those cases are not common. For example, if a victim is under the age of 18 years at the time of the accident, he should have two years from the date of his 18th birthday to make a claim for damages sustained in a vehicle collision. However, you should not rely on the fact that there “may” be an extension that is applicable in your case.

You must be very careful when calculating the deadline to file a lawsuit for your motor vehicle accident. If you are not familiar with all the laws related to restrictions on time to file claims, you should consult an attorney as soon as possible following an accident.

What are the Steps in Filing a Car Accident Lawsuit?

While each case is different, the following steps are common in cases involving injuries sustained in a motor vehicle crash:

  • The first step is to schedule a free consultation with our Kentucky car accident lawyer. During the consultation, our attorney will assess your claim and advise you of your legal options for recovering compensation for your injuries.
  • We must then begin an immediate investigation to identify, gather, and preserve evidence. For example, in truck accident cases, it is vital we obtain the black box information before it can be erased or recorded over.
  • As part of our investigation and evidence gathering, we interview witnesses and conduct discovery to obtain evidence and information from the other party. This step may include hiring expert witnesses, if necessary. We also obtain copies of your medical records, discuss your prognosis with you physician, and prepare written reports to summarize your injuries.
  • We must also gather information about your damages, including copies of medical invoices, proof of lost wages, and evidence proving other out-of-pocket expenses.
  • Once we have all information, we can analyze your case to determine if filing a lawsuit is the best option for you to recover the maximum compensation available.
  • If we are filing a lawsuit, we then draft the complaint for filing with the court.

As you can see, it takes time to investigate and build a case. Therefore, contacting our office as soon as possible allows us to protect your legal right to a fair and just settlement.

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