What is the Statute of Limitations for Personal Injury Cases?
by Hessig & Pohl | Dec 3, 2019 | Personal Injury
Just what does the term personal injury mean? Does it apply to you if you are involved in an accident caused by someone else’s negligence, carelessness, recklessness or intentional conduct?
Personal injury accidents can be severe or fatal. While each accident is different, personal injury accidents all have one thing in common – the negligence of another individual or entity.
The most important thing to remember if you have been the victim of a personal injury accident in Kentucky is that the state’s statute of limitations for filing a personal injury lawsuit is only one year from the date of your injury. If you have a medical malpractice case, the statute of limitations to file for compensation is also one year from the time of the injury.
There are exceptions to the statute of limitations in cases of personal injuries sustained as a result of traffic collisions, and the law that applies in those instances allows two years to file either from the date of the accident or from the date of a victim’s last personal injury protection (PIP) benefit payment. There are also different filing deadlines for adult and child victims of sexual assault. Additionally, there are cases where deadlines can be extended out of fairness because the victim/plaintiff did not discover they were injured before the statute of limitations period ended.
To understand the timelines and not miss them, it is best to connect with an experienced personal injury attorney at Hessig & Pohl. Being informed is being an advocate for your legal rights.
If you do not file a claim before the statute of limitations runs out, the defendant may file a motion asking the court to dismiss the lawsuit. When the statute of limitations deadline is missed, the court dismisses the case. That means you cannot hold the defendant legally responsible for your injuries.
In the vast majority of personal injury claims, the parties typically arrive at a negotiated settlement out of court. Whether your case is settled or goes to court, it is best to hire the attorneys at Hessig & Pohl, who can guide you through the process.
At Hessig & Pohl, we understand the ins and outs of handling personal injury claims, and we take a comprehensive approach to accident investigation, by gathering evidence quickly to support your case. We work with a team of professionals to develop the best strategy to protect your rights and achieve a fair settlement. Call us today for your free consultation at (502) 777-1111.