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The statute of limitations is a law that creates a time limit on people who want to take their personal injury claim to court. Consider it more of a countdown timer and once the countdown is over, you are no longer able to file for compensation. As soon as you are involved in a car accident or learn that you have suffered injuries and damages as a result, your countdown begins. Therefore, if you want to file a lawsuit, you must do so within the designated timeframe.
FAQs About Car Accidents and Limitations
- How much time do I have to file a personal injury claim after a car accident? The Kentucky Motor Vehicle Registrations Act (KRS 304.49, et. seq.) gives you up to two years from the date of the accident, or two years from the date of the last no fault payment was received (but not to exceed four years after the accident date) to file a lawsuit. This can complicate matters, because there is a common misconception, pursuant to KRS 411.140, many people believe that you have only one to two years to file a claim. If, however, someone dies as a result of that motor vehicle accident, a wrongful death claim must be filed within one year of the appointment of the estate’s personal representative, but not to exceed two years from the date of death. For example, the individual dies in an auto accident January 1, 2016. But, an estate is not opened until July 1, 2016. The estate would then have until July 1, 2017 to file suit. If you are seeking compensation for a spouse’s lost love and affection resulting from any type of accident (known in Kentucky as a “loss of consortium” claim), you must file the claim within one year of the date of death. Therefore, if a spouse dies in a Kentucky car accident, the surviving spouse, essentially, only has one year from the date of the accident to file any and all claims arising from it, even though there is a two-year statute of limitations.
- If the statute of limitations time runs out, does that mean I will no longer receive compensation? Filing a claim after the time has expired will spell big issues for your lawsuit. First, the court is likely to reject the claim altogether – and not even review the facts. The defendant can easily win their claim stating that you filed too late. Once this happens, you will not be able to file again down the road. This is why it is critical that you speak to a lawyer immediately after you suspect an injury or after being involved in a car accident so that you can file your claim as quickly as possible – and preserve your right to compensation under the law.
- How soon should I contact an auto accident attorney? Ideally, you should contact one the same day you are in an accident. If you are seriously injured and hospitalized, you can contact an attorney after you are discharged. If you have sustained any injuries, seeking medical attention first is the most important step you can take in preserving your case. Then, the next step is to contact an injury attorney.
Contact an Attorney Today
If you or a loved one has been involved in a car accident and suffered serious injuries, you need to speak with an injury lawyer as soon as possible. Even if you do not think you have a case or the insurance company is saying they will work with you, you need an advocate that can protect your rights and ensure you receive adequate compensation for your injuries and damages. Sometimes accidents cost much more than victims realize – and have long-term treatments and costs that add up. Speaking with an attorney can help you decide your options and determine what compensation you may be entitled to. To get started, contact Gladstein Law Firm, PLLC for a free consultation or fill out an online contact form with your questions.
