How Long Do You Have to Sue After an Accident?

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.
In addition, you are making a legal claim for damage to your vehicle or other property, you have two years from the date of the accident. So, you can see that if you want to sue after a car accident for injury or wrongful death, you must act quickly. If you don’t sue within the time limit, it can be held against you. Your case is likely to be dismissed. It should be noted that while you must file the lawsuit before the deadline, the case does not have to be completed before the deadline. There are some situations, though, when lawsuits can be filed outside the statute of limitations. While exceptions to the filing deadlines are rare, one of them may apply to your case, depending on the circumstances. A skilled car accident lawyer can advise you.

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 Kentucky 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 Cases

Here 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.
Additionally, people who don’t immediately realize they have been hurt might wonder “how long after a car accident can I claim injury and sue?” There is a discovery rule that applies to some cases where injuries show up at later dates. But there is a very slim chance of using this rule to delay the statute deadlines, because it is usually applied only in very rare instances.

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
  • Rehabilitation
  • Lost wages
  • Future lost income
  • Pain and suffering
  • Punitive damages.
In the case of wrongful death, if you are an eligible survivor, you may be able to get compensation for burial expenses, lost income and support, lost companionship, medical bills and other things. In wrongful death cases, the personal representative of the deceased person’s estate must bring the car accident wrongful death claim on behalf of the estate and survivors.

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.

Contact a Skilled Kentucky Car Accident Lawyer for Help with Your Claim

Car accidents often cause severe injuries that can impact victims for the rest of their lives. When someone has seriously harmed you because of their negligent driving behaviors, you have a right to be compensated for your injuries. You may be facing major medical expenses, have lost income because you can’t work and may be experiencing physical pain and emotional trauma. If you have lost a loved one due to a negligent car accident, your suffering is even greater. You should not wait to speak with an attorney about possibly filing a lawsuit against the party that caused you harm. You have the right to be fairly compensated for all you have lost. At Johnson Law Firm, our experienced car accident lawyer works aggressively to help people hurt in negligent car accidents get the compensation they deserve. Contact our Kentucky law firm 606-437-4488 for a free evaluation of your case. You have nothing to lose and everything to gain.

Attorney Billy Johnson

William “Billy” Johnson grew up in the Dorton area of Pike County, Kentucky, and early on decided to stay in the beautiful Appalachian mountains. Like many others in Eastern Kentucky, Billy’s dad worked as a coal miner, a hard job but one that taught his son how to meet challenges head on and persevere. Attorney Billy Johnson has years of experience helping injured clients with claims such as car, truck, and motorcycle accidents, wrongful deaths, work injuries, and more. [ Attorney Bio ]

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