What is the statute of limitations for a personal injury claim?

Car accidents, workplace incidents and products liability events are just some of the many ways that Kentucky residents can suffer harm as the result of another person’s negligence. When an accident results in physical injuries for a victim, that victim may prioritize their recovery over any considerations of pursuing damages or filing a lawsuit. However, it is important that victims know that they do not have an infinite amount of time in which to initiate legal actions against the parties who caused their harm. The applicable statutes of limitations codified in Kentucky law may cut off their rights to file lawsuits.

For most personal injury claims, a victim has one year from the date of their injury to file a lawsuit. This limitation also applies to wrongful death claims brought by survivors of a deceased victim. That means if a victim waits one year and one month to file their lawsuit, their matter may be thrown out for failing to comply with the state’s limitation constraints.

In a case where a victim does not learn that their damages were caused by another party’s negligence until after they have suffered losses, they may have more time to start a lawsuit. Generally, the statute of limitations for victims who fall into this classification may not begin to run until the victim discovers the cause of their injuries; their lawsuits must be initiated within five years of the date that the victims actually sustained their losses.

Missing a window of opportunity to file a lawsuit for an injury can be tragic for a person who needs the compensation to move their life forward. However, personal injury attorneys are excellent resources for those victims who want help meeting the deadlines and requirements of pursuing claims in the civil courts of Kentucky.