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Is There a Time Limit for Filing an Injury Lawsuit in KY?

December 1, 2020

If you or somebody you care about has sustained an injury due to the careless or negligent actions of another individual, company, or entity in Kentucky, you should be able to recover compensation for your losses. Injured individuals are allowed to file personal injury lawsuits against the person who allegedly caused their injury in this state, but they need to be aware that there are time limits in place for these claims. Every state sets a statute of limitations for how long injury victims have to file claims in civil court.

The Kentucky Personal Injury Statute of Limitations

The Kentucky personal injury statute of limitations is one year from the date an injury occurs, per Kentucky Revised Statutes section 413.140(1)(a). This means that an injury victim has a one-year timeframe with which to file a lawsuit against the alleged negligent party in their case.

It is important to point out that Kentucky’s one-year timeframe for a personal injury claim is shorter than most other states around the country, which typically have a two, three, or even four-year time limit in place. That is why it is crucial for injury victims to work with a skilled attorney as soon as possible to ensure they do not miss any deadline for their claim.

Exceptions to the Personal Injury Statute of Limitations in Kentucky

Kentucky does have various circumstances in which the one-year personal injury statute of limitations “clock” will be paused.

If a personal injury victim is under the age of 18 or has been declared legally incapacitated, then the statute of limitations will be paused. The one year clock will begin ticking as soon as the disability is removed. In these cases, this means that the injury victim has reached the age of 18 or that the victim has been declared competent.

Additionally, state law says that if the alleged negligent party in the case leaves Kentucky after the incident occurs, but before a lawsuit can be filed, the statute of limitations clock will be paused until they return to the state. Additionally, if the defendant in the case takes steps to conceal themselves within the state, the statute of limitations will also be paused until they are found.

What Happens if You Miss the Filing Deadline for a Kentucky Personal Injury Case?

Any injury victim who fails to file their lawsuit within the required one-year time frame almost certainly have their case dismissed by the court. This means that the injury victim will be unable to recover any compensation for their losses, regardless of how severe their injuries are or how clear the defendant’s liability is in the case.

Work With a Kentucky Personal Injury Lawyer

If you or somebody you care about has been injured due to the actions of another individual or entity in Kentucky, you need to work with a skilled Lexington personal injury lawyer as soon as possible. An attorney can use their resources to conduct a complete investigation into the case and help determine liability. Your attorney will also ensure that all deadlines are met for the case and that any paperwork is filed on time.