After being involved in an accident that was the result of someone else’s negligence, you have the right to file a personal injury claim. Doing so can help you get reimbursed for medical bills, property damage, lost wages, and more. Personal injury law is a legal framework that provides the protection individuals need if they’ve suffered physical, financial, or emotional harm.
In Lexington, KY, it’s important to understand that you don’t have unlimited time to file a personal injury claim. The type of claim, your age, and many other factors come into play as statutes of limitations impact your case.
By turning to a personal injury lawyer, you can get the guidance you need. Your lawyer will deal with everything from the filing schedule to presenting the correct paperwork and evidence.
What Is the Statute of Limitations In Lexington, KY?
In Lexington and throughout Kentucky, the statute of limitations is the time limit you have to file a personal injury claim. These limitations ensure that cases do not last indefinitely. In Kentucky, most personal injury claims have a statute of limitations of one year from the day of the incident. This applies if you’re seeking damages from a civil court.
The one-year limit applies to claims governed by the liability principle of negligence and those that are intentional torts, like civil lawsuits after an assault. It applies to lawsuits and not just to claims and settlement negotiations.
However, if you’ve been in a car accident, the statute of limitations is typically two years. It’s important to know that Kentucky is a no-fault state. This means that if you’re in an accident, whether it was your fault or not, you can turn to your personal injury protection (PIP) insurance for coverage.
As with other no-fault states, the extent and nature of your injuries can let you step outside the no-fault system. This allows you to file a lawsuit against the at-fault driver.
If that’s what you choose to do, state law gives you two years to file the car accident lawsuit in state court. The two-year deadline can begin either from the day of the accident or the date you received the last payment from your car insurance PIP claim, whichever is later.
Exceptions to the Lexington, KY Personal Injury Statute of Limitations
In some instances, certain situations can stop the clock on the statute of limitations in Kentucky. If the person who was injured was underage or of unsound mind at the time of the incident, the claim must be filed within one year of the removal of the “disability.”
A person will have one year from turning 18 or from the moment they were declared no longer incapacitated to file the claim.
Under Kentucky Revised Statutes section 413.190, the clock also stops if the person at fault was not present in Kentucky at any point after the accident. This includes instances in which the defendant may have concealed themselves within the state. For as long as they remain concealed or absent, the statute of limitations doesn’t run.
If the victim didn’t notice the injury until a later date, the filing date can be extended. This is known as the discovery rule, allowing victims to file a personal injury claim within one year after discovering the injury.
What Happens if You Miss the Filing Deadline?
If the deadline that applies to your personal injury case has passed and you file anyway, most of the time, the court will dismiss the case. This occurs unless you fit one of the exceptions mentioned above.
Remember that the filing deadline is essential for lawsuits, but it’s also vital if you want to claim damages from the defendant’s insurance company. Once the statute of limitations passes, you no longer have the necessary leverage to negotiate.
What Economic Damages Can You Claim In Kentucky?
After an accident that someone else caused, you can claim economic and non-economic damages in Kentucky.
Economic damages include medical bills. This means that you could secure compensation for past, present, and future medical expenses associated with the injury. Medical expenses cover hospital bills, physical therapy, equipment, in-home care, and more.
You can also claim property damage. If you were in a car and your car was totaled, you can claim the cost of the car as it was before the accident. If you had to get it repaired, you can claim those expenses. Any type of damaged personal property also applies.
You can also claim lost wages. If you suffered injuries and needed to take time away from work to recover or could not continue working due to your injuries, you likely lost wages. When you claim lost wages as damages, you can get reimbursed for the wages you would have received if the accident had never happened.
It’s important to note that you can also claim compensation if you’ve suffered a permanent reduction in wages and earning capacity because of your injuries. You can also claim disability expenses.
If the accident resulted in disabling injuries, you can get compensation for any changes you have to make to your home to accommodate the disability. In wrongful death cases, economic damages can also cover burial and funeral costs.
What Non-Economic Damages Can You Claim In Kentucky?
Non-economic damages refer to pain and suffering damages that are hard to put a monetary number on. After an accident, you may have experienced physical and emotional suffering as well as physical pain. Pain and suffering can diminish your quality of life.
You may also be able to recover compensation for disfigurement. You can obtain additional compensation beyond medical expenses if you sustained disfiguring injuries.
Consortium damages may also be available after an accident. Loss of consortium refers to losing the affection of a spouse or other loved one because of the accident.
A Lexington Personal Injury Lawyer Can Help You Comply with the Statute of Limitations
Personal injury law in Lexington, KY, is complex. An experienced Lexington personal injury lawyer can help protect you and guide you through the process. At Minner Vines Moncus Injury Lawyers, we can offer the help you need. Contact us today to schedule a consultation.