Posted on Tuesday, March 17th, 2015 at 4:26 pm
Many people understand the importance of seeking an attorney after they have been involved in a car accident. One of the reasons for this is due to the fact that a licensed attorney will be able to tell a person exactly how much time they have to file or settle their accident related claim. This is known as the Statute of Limitations, and if a claim is not filed within the allowed time frame, then in most situations, it will not be heard by the Kentucky Courts.
2 Years From the Date of the Accident or No-Fault Medical Payment
The Statute of Limitations in Kentucky for car accident cases is two years from the date of the accident, or two years from the date the last no-fault medical payment (or no-fault PIP payment) was paid by your car insurance company. However, the maximum time allowed is four years from the date of the accident, regardless of the date of the last no-fault medical payment.
Statutes of Limitation Vary From State to State
Statute of Limitations can even vary depending on the type of accident a person was in or who the lawsuit is being brought against. In Kentucky, the Statute of Limitations is different for different types of claims. The Statute of Limitations for an auto defects or product liability claims is one year, as opposed to the Statute of Limitations for a contract, which can be up to 15 years (depending upon the type of contract).
When Does the Statue Begin to Run
There can also be a question as to when the statute begins to run. For example, the Statute of Limitations for filing a professional malpractice claim, including medical malpractice, must be commenced within one year of the date of the act or omission giving rise to the claimant’s injury. If the malpractice cannot reasonably be discovered within that time, the lawsuit may be filed at a later time not to exceed five years after the date of the act or omission giving rise to the injury.
If you were in a car accident but are afraid that your Statute of Limitations has already run or is about to expire, contact an attorney Northern Kentucky Personal Injury Attorney. Lawrence & Associates will be able to tell you with certainty whether or not you may still file a claim in Kentucky.
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