Wednesday, February 18, 2015

Statutes of Limitations

All civil lawsuits in Kentucky are subject to a statute of limitations, which limits the amount of time you have to bring a claim. If you do not bring your claim within the time the statute allows, then it will be barred forever, even if you likely would have won. Statutes of limitations are in place to protect potential defendants against stale claims and to encourage plaintiffs to be diligent in pursuing their claims. The time limit that you have to bring a claim varies by the type of harm you are seeking compensation for. Below are some of the most common statutes of limitations seen in Kentucky.

For injuries arising from automobile accidents, you have two years from the date of the injury, death, or payment of personal injury protection (PIP) benefits, whichever is later. This means that each time a PIP payment is made, the statute is reset on that date and begins to run two years.

For non-automobile personal injuries, you have one year from when the injury was discovered or reasonably should have been discovered. This one-year statute applies to professional malpractice, nursing home abuse and neglect, and premises liability cases.

If you have been injured by a defective product, then you have five years to bring a claim. Product liability claims are unique because they also have a statute of repose, which creates a rebuttable presumption that the product was not defective if the injury, death, or property damage occurred more than five years after it was sold to the first consumer or eight years after it was manufactured.

There are some exceptions which can toll the statute of limitations in Kentucky. If the injured person was under a disability when the injury occurred, then the statute is tolled until the disability is lifted. Examples of disability include being under age 18 and mental incompetence. However, if a person was not under a disability when the injury occurred and later became disabled, the statute will not toll and will relate back to the original date of injury.

For a detailed list of all civil and criminal statutes of limitation in Kentucky click here. If you or a loved one has been injured or killed by a person, business, or defective product, call personal injury attorney Flora Templeton Stuart at (888) 782-9090. Beginning a timely investigation is important to having a successful case and Flora and her staff will begin investigating immediately to help you recover.  We offices in Bowling Green and Glasgow to better serve you.