When you or a family member has been in a crash caused by someone else, you might be wondering how long do you have to sue after an accident. The amount of time you have to sue is called a statute of limitations in legal terms. After a car accident in which someone is injured or killed, the statute of limitation to sue in Kentucky is usually:
- Two years from the date of the car accident which caused the injury
- If a death was caused by a car accident, there is one year from the date an administer is appointed.
Still Have Questions About How Long After a Car Accident You Can Sue In KY?The area of filing deadlines is complicated, and everyone’s situation is different. You should always consult with a car accident lawyer if you have been in a crash. An attorney can answer your questions and help you better understand the time limits that may apply to your individual situation. If the deadline is getting near in your case or has already passed, the lawyer will examine the details of your case to see if there might be an exception to the standard deadline.
Exceptions to the Filing Deadline in Car Accident CasesHere are some exceptions to the statute of limitations for car accidents:
- If the person who was injured in the car accident was under 18 years old
- If the injured party was of unsound mind at the time of the accident
- If the person responsible for your accident is out of the state before the lawsuit is filed, or is in the state but hiding, trying to avoid legal action.
How Do Kentucky No-Fault Laws Affect Lawsuits?Kentucky is a choice no-fault insurance state. This means that you have a choice of whether to stay in or opt out of the no-fault system. If you opted out of the no-fault system, you can sue the driver who caused your injuries. If you did not opt out, you are more limited in your ability to sue. Your own insurance will typically pay your medical bills and other costs after an injury accident. But that said, there is a threshold beyond which you can sue. If your injury accident resulted in at least $1,000 in medical expenses or if you broke bones, were disfigured or suffered other specific injuries, you can sue the other driver. You can also sue for wrongful death within the no-fault insurance system. It’s best to speak with a car accident attorney about the specific details of your case as every case is different and different rules may apply.
What Money Can I Get When I Sue for a Car Accident?The compensation you might be able to get in a lawsuit depends on the damages you have suffered. You might be able to get compensation for your …
- Present and future medical expenses
- Lost wages
- Future lost income
- Pain and suffering
- Punitive damages.
What Should I Do After a Car Accident to Help My Lawsuit?To help ensure that you get the compensation you need following a crash, you should take several steps that can help your case when you sue. These include:
- Get medical attention and get copies of medical records.
- Get a copy of the police report.
- Get contact information from eyewitnesses to the accident.
- Get photographs of the scene, if possible.
- Contact a car accident lawyer for assistance.