Ross F. Mann | March 25, 2025 | Personal Injury
If you are thinking about filing a lawsuit in Kentucky, you need to know about the statute of limitations. This is a legal deadline that determines how long you have to file a case in court. If you miss this deadline, you may lose your right to seek compensation or take legal action. Understanding these time limits is important, and if you have any questions, speaking with a Kentucky personal injury lawyer can help you protect your rights.
What is a Statute of Limitations?
The statute of limitations is a law that sets a time limit for filing a lawsuit. This time frame varies depending on the type of case you are dealing with. The reason for this rule is to make sure that legal cases are handled while the evidence is still fresh and witnesses can remember details clearly.
If you wait too long to file a claim, the court may dismiss your case, and you will not be able to recover any compensation for your damages. That’s why it’s important to know the specific deadlines for your type of case.
Statute of Limitations for Different Cases in Kentucky
The time limit to file a case in Kentucky depends on the type of legal issue involved. Most civil claims involve proving negligence.
Below are some common types of these cases and their deadlines:
- Personal Injury Claims: You have one year from the date of the injury to file a lawsuit.
- Car Accidents: The statute of limitations for car accidents is two years from the date of the crash.
- Medical Malpractice: You must file a claim within one year of discovering the injury, but no later than five years after the incident.
- Wrongful Death: Families of wrongful death victims have one year from the date of death to file a claim.
- Personal Property Damage: You have two years from the date of the property damage
If you are unsure about how much time you have left to file a claim, consulting with a lawyer can help you understand your legal options.
Why is the Statute of Limitations Important?
The statute of limitations exists to keep the legal system fair. It prevents people from filing lawsuits many years after an event, when evidence may be lost and witnesses may forget what happened. If you file your case before the deadline, you have a better chance of getting a fair outcome.
If you miss the deadline, the defendant can ask the court to dismiss your case, and the judge will likely agree. That’s why it’s important to act quickly and speak with an attorney as soon as possible.
Are There Any Exceptions to the Statute of Limitations?
In some situations, the statute of limitations can be extended.
These exceptions include:
- Discovery Rule: If you didn’t know about the injury right away, the time limit may start from the date you discovered it.
- Minors and Legally Incapacitated Individuals: If the injured person is under 18 years old or mentally unable to file a lawsuit, the deadline may be extended.
- Fraud or Concealment: If the defendant hid evidence or lied about the injury, the time limit may be extended.
Since these exceptions are rare, it’s always best to talk to a lawyer to see if they apply to your case.
How Can an Attorney Help?
If you are dealing with a legal issue, having an attorney on your side can help in many ways.
A lawyer can:
- Determine the deadlines for your specific case.
- Gather evidence to support your claim before time runs out.
- File the necessary legal documents on time.
- Negotiate with insurance companies and the other party to get a fair settlement.
If you are unsure about whether you still have time to file a lawsuit, contacting an experienced attorney can help ensure you don’t miss your chance to seek justice.
Contact the Lexington Personal Injury Lawyers of Ross Mann Personal Injury Lawyers for Help Todayions
Understanding the statute of limitations in Kentucky is important if you are thinking about filing a lawsuit. If you wait too long, you could lose your right to take legal action. Whether you have a personal injury claim, car accident case, or medical malpractice lawsuit, knowing the deadlines can help you make the right decisions. If you need help with a legal case, speaking with a lawyer as soon as possible can protect your rights and help you move forward.
If you were injured in an accident in Lexington, and need legal help, contact our personal injury attorneys at Ross Mann Personal Injury Lawyers, to schedule a free case review today.
We proudly serve Fayette County and the surrounding areas.
Ross Mann Personal Injury Lawyers – Lexington
501 Darby Creek Rd UNIT 48
Lexington, KY 40509
(859) 413-3900