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All You Need To Know About Bowling Green’s Personal Injury Statute of Limitations

January 11, 2022 By Flora Templeton Stuart

flora templeton stuart and kentBowling Green, Kentucky is a beautiful agricultural center along the Barren River, the seat of Warren County, and home to over 100,000 happy Kentucky citizens. However, just like any city, Bowling Green is no stranger to personal injury accidents. In fact, Warren County, home of Bowling Green, sees between 4,000 and 5,000 car accidents each year.

If you are injured due to someone else’s negligence in Bowling Green, the time you have to sue or settle your claim varies by the type of case in Kentucky. This is why it is important to contact an experienced personal injury law firm like Flora Templeton Stuart Accident Injury Lawyers if you are in an accident. The statute of limitations regulates when you can seek compensation for your personal injury by filing a personal injury claim. If you miss a deadline, you could be stuck without legal remedy for your personal injury.

What’s In This Guide:

What is Bowling Green’s Statute of Limitations for Personal Injury?

Kentucky statute 413.140 dictates that the statute of limitations for a non-vehicle related action involving an injury must be brought within one year. The statute of limitations regulates how soon you must bring legal action against the party you believe is responsible for your injuries. So, within one year of suffering an injury, you must file a legal claim against the responsible party, i.e. the defendant, or settle your case.

If you are injured in a vehicle accident (car, semi-truck, motorcycle, etc.) you have two years from the date of the accident or from the time that the last PIP benefits were paid. If you are under age 18, your statute of limitations starts to run when you turn 18.

Why Does Bowling Green Have a Statute of Limitations?

In every state, the statute of limitations is set by the legislature to prevent unfair actions from taking place. As you probably know, your memory will grow foggy with time. While you may initially feel that your memories about the accident and everything that happened are crystal-clear, you will not be able to hold onto those memories forever.

Just consider your own childhood as an example. Things that you thought you would remember forever–birthday parties, fun vacations, school exams, and conversations–are probably distant and blurry memories now. While you probably remember a few key moments, if you were asked to recount an entire day, you wouldn’t be able to do so.

With time, your memories will fade. You’ll forget important details and may even replace the facts with other memories from similar times. This is true for you and all those who witness your accident. Because governments want to pursue only fair actions in court, they don’t want to allow you to pursue a claim when you may have forgotten relevant information that could help you or the defendant see a better outcome.

What To Do After an Accident To File Your Claim in Time

If you’ve been involved in a personal injury accident and want to make sure you file your claim in time, there are a few steps you should take immediately to help the process go smoothly. If you follow these steps, you’ll have a strong start to a personal injury claim so that you can file it as soon as you get in touch with a lawyer.

  1. Call an ambulance after the accident if you are injured. It’s important that you have records of any injuries you sustained during the accident. If you don’t have these records, it will be harder to build a case. Plus, some injuries may not bother you immediately, especially if you’re in shock. Calling an ambulance provides you with records and the treatment that you may not have known you needed.
  2. Call the police. In car accidents, you must call the police as soon as possible. They are required to write a detailed report on accidents they attend, which will provide you with a strong piece of evidence for a personal injury claim and may help you remember things that you would otherwise forget.
  3. Get Medical Treatment: If you sustained any injuries in the accident, it is crucial to get treatment as soon as possible. This improves your chances of recovering from your injuries and provides verifiable documentation of your injuries.
  4. Take photos. If you are physically able to, take some photos of the accident scene. Capture images of any visible injuries, property damage, and hazards that may have contributed to the accident. Photos can help your lawyers and other experts determine how the accident occurred and what damages from the accident you can seek compensation for.
  5. Talk to witnesses. If you are able to move and talk, you should speak to witnesses immediately after the accident. Ask for their contact information and, if you have the time, for a written statement of what happened. Witness testimony is one of the most important and useful pieces of information for personal injury claims.
  6. Call a lawyer. Once you’ve received the treatment you need for your injuries and spoken with your insurance company as required, call a personal injury attorney in the Bowling Green area. It’s important that you find an attorney as soon as possible so that they can gather the evidence you need for your claim and start building a case to take legal action.
  7. Keep records. When it’s time to bring your claim to court, you will need records as evidence. You’ll probably need medical records, medical bills, receipts for repairs to damaged property, and documentation of lost work and wages. Keep everything you think might be important and talk to a lawyer as soon as you can to find out what else you may need.

How To File a Personal Injury Claim Quickly

Once you have completed the steps above, you’re well on your way to a successful personal injury claim. After you contact a Bowling Green personal injury lawyer, they will help you complete the remaining steps you need to take to get the claim filed within the one-year statute of limitations.

Once you sign a contingency fee contract (you pay only if you win) with your lawyer, they will continue to gather evidence that supports your claim and send a demand to the defendant. They will then help you attempt to negotiate a settlement with the defendant. However, if you can’t work out a settlement favorable to both sides, your lawyer will file your claim in court and the court will send a summons to the defendant, officially beginning the claims process.

Personal injury claims, such as car accidents, semi-truck accidents, slips & falls, wrongful deaths, pedestrian accidents, and dog bites, take time. For this reason, you should get in touch with a lawyer right away. With legal help, you can be sure that you aren’t wasting too much time on settlement negotiations instead of pursuing a claim in court. When the defendant won’t settle with you, your lawyers will see to it that they take legal action before the statute of limitations runs out.

Call Flora Templeton Stuart After An Accident

After your personal injury accident in Bowling Green, don’t hesitate to reach out for legal help. Flora Templeton Stuart Accident Injury Lawyers is here for you. We will use our extensive resources to help you gather evidence and file your claim so that you can claim the compensation you deserve. Reach out to us today or give us a call at (888) 782-9090 to begin your claim.

Author Photo

Flora Templeton Stuart

Flora Templeton Stuart is the lead attorney and founder of the law firm Flora Templeton Stuart Accident Injury Lawyers, established in 1976. Flora goes to work every day to make a difference in her community and the lives of her clients. When you call you will get a personal representation and an attorney who truly cares.