The legal system is full of complex terminology that is quite unusual to non-lawyers. Of the many odd phrases, one of the most common that applies to both civil and criminal cases is “statute of limitations.”
Statutes are laws and the limitations period is the maximum amount of time that a person can wait before filing a lawsuit. Statutes of limitation vary from state to state as well as from claim to claim, and exist to prevent legal proceedings from being brought after evidence has been lost.
In theory, the right to sue on a claim is permanently barred once the time period has expired, but in practice, there are certain circumstances under which the period can be extended.
It takes time to properly investigate a case and gather evidence. Consequently, it is important to talk with a lawyer as soon as you suffer or discover an injury. If you have questions about how statutes of limitations may affect your case, consult with us. That consultation will be free.
Questions about Statutes of Limitations?
Since 2009, the Johnson Law Firm has been working hard to build its reputation for thorough representation. Founding attorney Billy Johnson has been named a Super Lawyer by U.S. News & World Report as well as an American Trial Lawyers Association Top 100 trial lawyer. His decision to enter into personal injury law was deeply rooted in his compassion for others and he takes pride in being dedicated to his clients. You can rely on his experience with the legal system and his commitment to his clients to help you get the best result possible given the circumstances of your case. Stop by, fill out our contact form or call for a free, confidential consultation and you’ll understand why the Johnson Law Firm is known as the “nicest place in town.”
Statutes of Limitations & Personal Injury Claims
There are many factors that may affect which statute of limitations is applicable, and there are numerous exceptions that can reduce a limitations period, so it is best to consult with an experienced personal injury lawyer to determine the proper deadline for filing suit. These statutes tend to be strictly applied by the courts, and a few days can make all the difference in whether a claim is heard or denied. In general, personal injury claims arising from car wrecks and truck wrecks must be settled or filed in court no later than 2 years after the date of the injury, death or the last payment of no-fault insurance benefits was made to the injured party.
The Kentucky civil statutes of limitation are detailed in KRS Chapter 413: Limitation of Actions. Some actions which must be brought within 1 year include:
- Personal injury to the plaintiff or the plaintiff’s spouse, child, ward, apprentice or servant
- Personal injury by a corporation other than a hospital
- Medical negligence or malpractice by a licensed physician, surgeon, dentist or hospital
- Actions by a personal representative where the individual dies before the expiration of the statute of limitations, but the cause of action survives (must be brought within 1 year after the qualification of the representative).
Other common limitation periods include motor vehicle accident injury (2 years), damages to or recovery of personal property (2 years), workers’ compensation (2 years), products liability (1 year) and personal injury caused by home construction (5 years). There is also a default rule of 10 years for all actions for which no specific statute sets the limitation period.
Confused About Limitation Periods? Let Us Help
Questions about filing deadlines can be complicated, and if you miss the cutoff date, you may lose your legal right to damages. An understanding and experienced Eastern KY personal injury attorney from the Johnson Law Firm can help. For more than 15 years, we have been evaluating all kinds of cases — from traffic wrecks to nursing home abuse — and we know how to ensure that those with merit are heard in a timely fashion. Call us toll-free at 606-437-4488 or fill out our online form to schedule a free consultation to discuss your rights and options for recovering compensation. Based in Pikeville, KY, we represent injured Kentuckians in Pike County and throughout the region.
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