When you’ve suffered a personal injury that is due to another’s negligence or wrongdoing, it can be incredibly frustrating and stressful. You may feel like you want to give up on the legal process, but for many reasons, it’s important to seek out compensation for your pain and emotional suffering.
When it comes to personal injury law cases, you’ll want to take action as quickly as possible. Contact an injury lawyer in Pikeville, Kentucky, for assistance, and they are sure to take care of most of this process for you. This will be an extreme relief after you’ve been through a difficult matter that is affecting your livelihood and life in general.
What is a Statute of Limitations?
In the WEX Legal Dictionary, a statute of limitations is defined as a law that bars an individual from submitting claims once a specific time period is up after their injury. Time limits are in place for both formal criminal charges and civil complaints. The time varies depending on what state you’re in and the type of law. Most time limits in Kentucky for civil types of cases range from one to five years. At this time, no state has a statute of limitations when it comes to murder. The statute of limitations is outlined in Kentucky Revised Statute 413. You’ll find exceptions, such as the one about personal injury as a result of a traffic accident, under statute 304.39-230.
Such laws are in place to protect both plaintiffs and defendants. It allows for the plaintiff to have a set amount of time to file their claim. It protects the defendant from claims that require them to produce possible evidence that’s become lost or a cause of action that’s being pursued without reasonable diligence. This means that the longer it takes after an injury to bring the case to court or some other form of legal action, the more likely the case is a frivolous one (or there’s no more cause of action that a legal team can develop for the plaintiff).
At a time when you’re distraught and likely having trouble with many tasks, the last thing you want to think about is bringing the details of your injury to a lawyer or firm so that they can put together a case. However, it’s in your best interest to act fast so that you have the opportunity to begin proceedings when the events are still fresh and you have possession of the documentation needed for the case.
The Statute of Limitations in the State of Kentucky
Though you might think it differs across the state, the fact of the matter is that all of Kentucky has a uniform statute of limitations. This is dependent on the type of law, so you’ll want to ensure that you’re clear on this from early on. There’s little that’s more frustrating than deciding to file a lawsuit months after the fact and gathering your documentation, only to realize that the window for your type of personal injury was one year.
You’re probably going to be surprised to learn that Kentucky has one of the smallest windows in regard to filing a personal injury claim. For instance, most personal injury and death claims have a default statute of limitations of one year from the date on which the incident occurred. This means you’ll have to take swift action in order to have an opportunity to get justice and be rewarded compensation.
When it comes to car accident personal injury, it’s necessary to take action within two years of the date when the wreck occurred. This also can be determined as two years from when the individual receives their last Personal Injury Protection payment. The date that’s used between these two types of timeframes is based on which one occurs later.
The wrongful death statute of limitations in Kentucky is one year from when you have a personal representative appointed on behalf of a loved one who passed away from a wrongful death incident. This cannot exceed two years from the date of the person’s death.
Some other common types of cases have the following windows for taking legal action:
- Personal injury that’s been caused by home construction accidents (5 years)
- Workers’ compensation (2 years)
- Product liability (1 year)
- Personal injury caused by a corporation other than a hospital (1 year)
- Medical negligence or malpractice matters committed by a physician, dentist, surgeon, or a hospital, in general, must be filed within one year of their occurrence. (1 year)
The Difficulty with Statute of Limitations Matters
Typically, statutes of limitation aren’t going to be a problem. This is due to the fact that most injured parties seek legal assistance within a very short time period after their injury.
Even though this is the case, there are sure to still be some challenges for you or your loved one. A major issue is being able to secure and provide the necessary documentation. In some instances, you might be receiving ongoing care, and there may be new injuries found that are from the incident, or you might have hospital bills and therapy payments to add to this. It’s going to be important for you to just get started with legal proceedings, even if the process is halted or amended by new information or factors that affect how much compensation you may be awarded if the team is successful at proving fault and winning your case.
Choose the Right Attorney to Help with Your Personal Injury Concerns
Don’t hesitate to do your research or have someone in your life help you when it comes to finding an attorney who’s knowledgeable in the field of personal law. You want to make sure that they’re a good fit and that you’re comfortable with how they conduct their work. This is a time-consuming, challenging, and emotionally charged experience. For this reason, you definitely want to avoid settling for just any personal injury law firm or lawyer who pops up at the top of search results in Pikeville, KY.