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How Long Do I Have to File a Personal Injury Lawsuit After a Car Accident in Lexington?
If you have recently fallen victim to a car accident, you may be exploring your options to recover damages. There are many factors that determine whether you should file a personal injury lawsuit, but under Kentucky law, you are only given a certain amount of time to act. Becoming familiar with Kentucky law is a crucial first step in preserving your right to compensation.
If you have been injured in a collision, our Lexington car accident lawyers are here to assist you with your personal injury lawsuit.
Exiting the No-Fault System
The Bluegrass State is a no-fault state, so motorists in a car accident can file personal injury claims with their respective insurance carriers. Since Kentucky is a no-fault state, drivers are required to carry personal injury protection (PIP), which provides up to $10,000 in lost wages, medical expenses, and other similar out-of-pocket costs, regardless of fault.
However, you do have the option to exit the no-fault system and file a personal injury lawsuit against the other driver if you meet the following criteria:
- At least $1,000 in medical expenses
- A bone fracture
- Permanent disfigurement
- Permanent injury
- Permanent loss of body function
Statute of Limitations in Car Accident Lawsuits
The Kentucky legislature imposes two separate deadlines for a personal injury and a property damage lawsuit. Under KRS §413.140, an individual has one year from the date of injury to file a lawsuit. However, if you are pursuing a lawsuit for property damage only, under KRS §304.39-230, you will have two years to take legal action.
A statute of limitation is the amount of time that a party is allowed to initiate legal proceedings. After an extended time has lapsed, physical evidence will begin to deteriorate, and an eyewitness’s memory will begin to fade. Our justice system is based on integrity, and trying a case on questionable evidence is less than desirable.
Exceptions to the Statute of Limitations
There are certain circumstances that may toll the statute of limitations or delay the legal “clock” from starting. These exceptions include if the injured party was:
- A minor when the accident occurred (the “clock” will begin ticking when the person turns 18)
- Incompetent or physically incapacitated (the “clock” will begin once the person physically or mentally recovers)
- Unaware of their injuries (under the discovery rule, the “clock” will be stopped until the person becomes aware or should become aware of his or her injuries)
In a car accident, it is possible that an individual may suffer severe injuries and be left in a comatose state. It is important that a person has the mental capacity to understand what has taken place. Similarly, some injuries may not be discovered until weeks or months have passed. Under the law, these exceptions toll the statute of limitations, allowing an injured party extra time to take legal recourse.
These are only a few exceptions to the limitation period. Even if you believe that the statute of limitations has passed in your accident case, our lawyers can investigate your case to determine if a circumstance applies, which will give you extra time to file your claim.
A Lexington Car Accident Lawyer Fighting for You
You deserve to receive adequate compensation for your injuries. If you were injured due to another person’s carelessness behind the wheel, our Lexington car accident lawyers will take all possible measures to ensure that you receive just compensation. To learn how we can be of assistance in your car accident case, contact us online or by phone today.