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Statute of Limitations in a Personal Injury Case

If you have sustained personal injuries in a Bardstown car accident case, you may be entitled to legal compensation. However, time is of the essence. In Kentucky, as well as in all other jurisdictions, personal injury claims and lawsuits must be brought within a specific time period, called the statute of limitations.

The statute of limitations in a personal injury case is a hard-and-fast deadline. If a claim or lawsuit is not filed within the applicable statute of limitations period, absent some limited exceptions, then the personal injury plaintiff is forever barred from bringing a lawsuit or seeking monetary compensation for injuries and damages sustained in an accident.

Time may be running out in your case. An experienced Bardstown personal injury lawyer will be able to review all of the facts and circumstances of your personal injury case – including the date of the accident – and, if necessary, take action to protect the statute of limitations.

Given the strict statute of limitations deadlines, it is essential that you contact an experienced Bardstown personal injury lawyer as soon as possible after sustaining your injuries.

Reasons for Having a Statute of Limitations

The main reasons for having a personal injury statute of limitations include the following:

  • To protect against evidence growing stale
  • To ensure that witnesses are available to testify at deposition and/or trial

Time Period

In Kentucky, the personal injury statute of limitations time period is one year. This means that in most cases, a personal injury claim or lawsuit must be filed within one year after the date of the accident.

If the lawsuit or claim is not brought within that one-year time period, the plaintiff will ordinarily be forever barred from filing suit or seeking damages for injuries sustained in the accident.

In a wrongful death personal injury claim, the one-year statute of limitations time period starts on the date of the accident victim’s death – not on the date of the accident itself.

Time Extensions

In some extremely limited circumstances, the statute of limitations deadline can be extended for a period of time. The most common circumstances for ‘tolling’ the statute of limitations includes the following:

  • The plaintiff was a minor (i.e. under the age of 18) at the time of the accident or injury.
  • The plaintiff was under a disability at the time of the accident or injury.

In the above-referenced examples, upon turning 18, or upon removal of the plaintiff’s disability, the plaintiff must then file suit within the appropriate statute of limitations period.

The statute of limitations may also be extended if the defendant was a Kentucky resident who was away from the state or in hiding to avoid suit during the relevant statute of limitations period. Upon return to Kentucky, or becoming ‘findable,’ the statute of limitations period will begin to run.

Consult with a Lawyer Today

If you have sustained personal injuries in a Bardstown car accident, time may be of the essence. An experienced Bardstown personal injury lawyer will be able to take the necessary actions to ensure that a timely claim or lawsuit is filed in your case.

You should feel free to contact our experienced Bardstown personal injury lawyers at any time, via telephone or email, for an initial consultation.