How Long Do I Have To Make A Claim After My Accident?

When you are injured, through no fault of your own, there are deadlines that begin the day you are hurt. It's important to be aware of these deadlines so that you do not lose the right to pursue your injury claim. You should always make a claim with your insurance company or contact a personal injury attorney as soon as possible after an injury. Any delay can affect your ability to achieve a successful result. There are different Statutes of Limitations in Kentucky depending on the type of personal injury case you have and how you were injured.

Related Video: What Is The Statute Of Limitations In Kentucky Accident Cases?

What is a Statute Of Limitations?
A Statute of Limitations is a limit on the amount of time you have to settle a case or file a lawsuit. If you don’t begin a legal action within this time period, you will lose your right to bring a claim. The bottom line is, you have to settle your claim for injuries with the insurance company or file a lawsuit in the appropriate court before the Statute of Limitations runs out. If you don't, you are forever barred from making a claim and being compensated for your injuries.

The Statute Of Limitations for vehicle accidents
For a car accident or any type of motor vehicle accident, the Statute of Limitations is two years from the date of the accident. It can also be two years from when the last medical no-fault payment was made by the PIP carrier not to exceed four years. The Statute of Limitations is the same for truck, bicycle, motorcycle and pedestrian accidents. As you can tell, determining the Statute of Limitations can be very technical. Either contact a Kentucky accident attorney or try to file within two years of your accident.

The Statute Of Limitations of other personal injury accidents
The Statute of Limitations for most other Kentucky personal injury cases including: dog bites, premises liability and medical malpractice is one year from the date of the injury. It can also be one year from the date of discovery of the injury. This is time sensitive. There are exceptions for when an injury is disclosed, but you should contact a personal injury attorney to determine if one of these exceptions apply to your situation. The accident attorney will also be able to determine when a case needs to be filed. Don't risk the chance of losing out on your claim.

Related: What Are Statute of Limitations, Discovery and IMEs?

Premise liability and wrongful death Statute Of Limitations
In some situations, such as a fall in a city owned property in metro Louisville, you may have to send notice of the injury within 60 days to preserve your claim. For a wrongful death action, the Statute of Limitations in most situations is one year from the date a personal representative is appointed in the estate. The personal representative must be appointed within one year of death.

Again, regardless of the type of accidents or what the situation may be, the Statue of Limitations for personal injury cases in Kentucky can be very technical. It's always best to contact an attorney who can help you figure out all of these technicalities. That way, you preserve the right to make your claim and receive the compensation you deserve.

Michael Schafer
The Personal Injury Attorney for Louisville and Kentucky