Following any type of accident, especially when dealing with insurance companies, there are many legal terms that will come up in your conversations. It is very important you understand the terminology being spoken to you, so you don’t agree to something you either don’t understand full, or haven’t had ample time to consider.
One term that may be used frequently is “Statue of Limitations”.
What is a Statute of Limitations?
Simply put, a statute of limitations sets the maximum time after an event that legal proceedings, based on that event, may be commenced.
Why does a Statute of Limitations Exist?
We have a statute of limitations in Kentucky because over the course of time evidence can be compromised, memories may fade or become less accurate, and companies dispose of old records. For these reasons the best time to bring about a lawsuit is while the evidence is most available and as close as possible (time-wise) to the event. Another reason why we have a statute of limitation is to allow people to get on with their lives and not have unexpected legal battles come up from their past. It is the responsibility of the injured party to bring about charges or initiate a legal case as soon as reasonably possible after the event so that legal proceedings can begin.
What are the time limits to bring an action against an at-fault driver in Kentucky?
Under Kentucky law, the statute of limitations for filing a lawsuit against an at-fault driver is two (2) years from the date of the automobile accident or two (2) years from the date of the last No-fault/PIP (Personal Injury Payment) , whichever is later.
However, it is important to note that if you are the child or spouse of the injured party your right to sue has a one year deadline. The advice of a legal professional should be sought if you are considering initiating a case when you were not involved in the accident itself and are suing based
In all cases where a lawsuit is contemplated consultation with an attorney is recommended in order to determine such issues as the proper court and time limits. Many cases have unique issues, and a full discussion of those issues with a lawyer can help you determine if and when any legal action should be taken.
Schedule your free initial consultation to discuss your case with Richard Breen Law Offices at 2950 Breckenridge Lane Suite 3, Louisville, KY 40220 if you are in a car accident. You can call at 502-473-0579.
