What Do Statute of Limitations, Discovery and IME’s in a Kentucky Auto Accident Case Mean? Experienced accident attorney Mike Schafer explains these terms.

If you are a Kentuckian and have been in an auto accident you will find that terms you have heard before thrown at you. You may or may not know what they mean. One thing is absolute; it is a confusing and stressful time. I am taking this opportunity to define and explain a few terms that will arise which are often misunderstood. Statute of limitations is the amount of time you have to file a lawsuit. Discovery is the method used by both side to acquire facts on the case and IME’s are independent medical exams.

Statute of Limitations
You only have a certain amount of time to settle your case or file a lawsuit. In Kentucky this time is two (2) years from the date of the accident or two (2) years from the date of the last medical no-fault payment is made not to exceed four (4) years. This deadline is called the “Statute of Limitations”. Is your head spinning? As you can tell determining the statute of limitations is very technical. Either contact an attorney or play it safe and file within two years. (Note the Statute of Limitations for most other personal injury cases in Kentucky is one year. Always consult an attorney to determine this. Don’t take a chance.)

It even gets a little more confusing and there are some exceptions depending on whether you have opted out of the Kentucky No-fault Statute. 99% of people have not done this and I am not going to go into this very complicated area here. If you want to read more on this get a copy of my book “What You Don’t Know About Buying Car Insurance Can Hurt You”.

Discovery
Once a lawsuit is filed and the Defendant is served the Court sets deadlines, including discovery and a trial date. These deadlines, and in particular a trial date, can help move your case toward a settlement. Additionally, both sides participate in a process of asking for and exchanging information about the case. This process is called “discovery”. Each side is allowed to investigate and find out what evidence and witnesses may be used at trial by the other side. The discovery process usually includes sending or answering written questions, called Interrogatories, and Requests for Documents. The Defendant’s attorney will also be allowed to access your medical records and work history. This may include your financial records.

The discovery process also includes depositions. A deposition is a face-to-face meeting where the attorneys are allowed to ask a witness questions under oath while a court reporter transcribes every word. Sometimes depositions are taken by video. Any witness that may offer testimony at trial can be deposed, including you, your doctors, your friends, your family and the Defendant. If your deposition is requested, it is very important that you prepare for it with your attorney. Your conduct at the deposition will influence the value assigned to your case and affect whether the case will settle before trial.

Independent Medical Exam
When a lawsuit involves a claim for personal injuries, the Defendant is usually permitted to have a doctor of their choice examine you. This is called an Independent Medical Examination (IME). The independent does not mean that the opinion is unbiased. The doctor is hired by the insurance company. It only means that the examination is independent of the doctor patient relationship.

Mike Schafer, auto accident attorney
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