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What is the Statute of Limitations for Car Accident Cases in Northern Kentucky?

Posted on Tuesday, March 17th, 2015 at 4:26 pm    

Gavel and old clockMany 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.

Contact Us at (513) 351-5997 for a Free Consultation


The Statute of Limitations is Crucial In Workers’ Compensation Claims. Act Quickly When You’re Injured on the Job

Posted on Friday, February 28th, 2014 at 8:30 am    

Workers Compensation LawyerWhen considering filing for a workers’ compensation claim, it is crucial to keep the statute of limitations in mind. If an injured worker does not file a claim within the allotted time, the claim will not succeed. The statute of limitations provides for filing deadlines for Kentucky Workers’ Compensation claims.

Kentucky Workers’ Compensation Laws

KRS 342.270(1) and KRS 342.185(1) state that injury claims must be filed within two years of the date of the accident, or last payment of voluntary income benefits, also known as temporary total disability benefits (TTD), whichever occurs later in time. “Income benefits” are defined in KRS 342.0011(12) to be those payments made per KRS 342 to the disabled worker or his or her dependents in case of death, excluding medical and related benefits. For instance, if an employee is injured at work on January 1, 2012 and paid TTD by his employer until January 1, 2014, he has until January 1, 2016 in order to file a workers’ compensation claim.

Notifying the Department of Workers’ Claims

Where TTD has been terminated by the employer, the employer must notify the Department of Workers’ Claims of the termination so that the employee can be advised of his/her right to file a claim. Failure to notify the Department of Workers’ Claims will toll the statute. City of Frankfort v. Rogers, Ky. App., 765 S.W.2d 579 (1988).

Gradual Injuries and Statute of Limitations

With regard to injuries that develop gradually from the repetitive trauma, the statute of limitations begins running when an employee has been told by a health care professional that the injury or condition is work-related. Often times, an injured worker won’t know that his or her injury caused by repetitive trauma may be covered under workers’ compensation; however, in many cases, workers’ compensation will cover the injury as long as a medical professional opines that the repetition caused the injury.

Lawrence & Associates is dedicated to helping work injury victims in the Greater Cincinnati area receive the compensation they deserve. If you or someone you know has been in an accident at work, call Lawrence & Associates today.

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