Knowing when and understanding how the statute of limitations works is one of the most important parts of any personal injury case. What is the statute of limitations? It refers to the time limit you have to file a lawsuit, and in Kentucky, this period is generally set at one year from the date of the accident or injury. But what happens if you miss this deadline? Are there any exceptions that allow for an extension?

This article explores the standard rules surrounding the statute of limitations for personal injury cases in Kentucky, as well as possible exceptions that might apply. Keep reading to gain a clearer understanding of how these laws may affect your case.

Never move forward or assume anything without consulting an experienced Kentucky personal injury lawyer first. Call Brandon J. Broderick, Attorney at Law today to discuss the details of your case.

What is the Statute of Limitations?

The statute of limitations is a legal deadline for filing a claim in a personal injury case. If you fail to file your claim within this time frame, your case will likely be dismissed, and you could lose your right to seek compensation. In Kentucky, most personal injury cases must be filed within one year from the date of the accident or the date the injury was discovered.

The time limit serves several purposes, such as ensuring that evidence remains fresh and witnesses can recall events accurately. It also provides a degree of certainty for both the injured parties and potential defendants.

While exceptions to the statute of limitations can be lifesavers in certain situations, relying on them can be risky. Evidence might still fade, and witnesses could become harder to track down. It’s generally best to act quickly and consult an experienced lawyer to evaluate your case and preserve your right to seek compensation.

Are There General Exceptions?

Although the statute of limitations is generally strict, there are some exceptions that can extend or pause this time limit. Understanding these exceptions could make the difference between having your case heard and losing the opportunity to pursue justice.

Discovery Rule

One of the most well-known exceptions is the discovery rule. This rule applies when an injury is not immediately apparent. In cases where the harm was not discovered right away, the statute of limitations may start from the date the injury was discovered, or reasonably should have been discovered, rather than the actual date of the incident.

For example, let’s say a surgical error caused internal damage that wasn’t noticed until months later. Under the discovery rule, the one-year clock would begin ticking from the date the injury was identified rather than the date of the surgery.

Cases Involving Minors

Another exception involves cases where the injured party is a minor. In Kentucky, if the victim is under 18 years old at the time of the accident, the statute of limitations may be paused until they reach adulthood. Once the individual turns 18, the one-year time limit typically begins. This extension allows minors to seek justice even if their guardians did not pursue legal action on their behalf while they were still minors.

Mental Incapacity

If the injured person is mentally incapacitated at the time of the accident, the statute of limitations may be paused. This could apply to individuals who are in a coma or have been diagnosed with a mental condition that prevents them from understanding their legal rights. The clock would only start once the person has regained their mental capacity.

Special Circumstances and Unique Cases

While the above exceptions are the most common, other factors could come into play depending on the specifics of your case. For instance:

• Fraud or Misrepresentation: If the defendant has deliberately concealed their involvement in your injury, the statute of limitations may be extended. This could apply to cases where a company hides evidence of a defective product.
• Defendant’s Absence: If the at-fault party leaves Kentucky for an extended period, the clock might pause until they return to the state. This ensures that individuals cannot evade responsibility by temporarily relocating.

How Comparative Negligence Affects Your Case

Kentucky follows a pure comparative negligence system, which means that even if you were partially at fault for your injury, you could still recover damages. However, your compensation is reduced by your percentage of fault. This aspect is important to consider, especially if your case involves disputes about who was to blame for the accident.

Call Brandon J. Broderick For Legal Help

Navigating Kentucky personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.