There are several statute of limitation deadlines that apply if a person has sustained bodily injury due to the negligence of someone else in Kentucky. The statute of limitations sets a deadline for time to file a claim or suit in the event of a bodily injury due to the negligence of another. At Flora Templeton Stuart Accident Injury Lawyers we represent clients injured due to the fault of the other driver or person causing your injury in bodily injury cases to include vehicle collisions in a car, motorcycle or truck accident and any accident where our clients have suffered injury through no fault of their own caused by the negligence of another.
What is the Statute of Limitations in Non-Vehicle Bodily Injury Cases?
In Kentucky you only have one year to file suit or be forever barred if you are injured due to the fault of another person that was not a vehicle collision. Personal injury cases that are non-vehicle accidents include victims who have been bitten by a dog, slip and fall, medical malpractice, products liability cases, nursing home abuse, wrongful death, birth injuries, dangerous drugs, pharmacy mistakes, daycare injuries, hospital negligence, fire damage, medication error, and any injuries sustained due to the negligence of another person or corporation.
The only exception to the one year statute of limitations is where an injured person is under the age of eighteen. In those cases the statute of limitations begin to run on their eighteenth birthday. Individuals declared incompetent would not have the statute of limitations run until the are declared competent.
What is the Statute of Limitations in Car, Motorcycle, Pedestrian, Truck, Bicycle, Uber, and Other Vehicle Accidents?
In Kentucky if you have Personal Injury Protection (PIP) benefits the statute of limitations is two years from the date of the accident or two years from the last date that PIP paid benefits such as medical expenses, lost wages and costs of care. Once again, if you are under the age of eighteen the statute does not begin to run until your eighteenth birthday or if you are incompetent, until you declared competent. In case of a death that has resulted from a vehicle collision it is a wrongful death claim and the family will have one year from the date of your death resulting from the accident to file a claim or will be forever barred.
What Happens If You Run the Statute of Limitations?
If you wait until after the statute of limitations has run on a bodily injury claim in Kentucky you will be forever barred from receiving any settlement or filing suit in your case. Therefore it is very important to consult with a personal injury attorney if you sustain a bodily injury due to the negligence of another to make sure to not run the statue of limitations and get the immediate help that you need.
Action You Should Take in a Bodily Injury Claim
If you have suffered a bodily injury claim due to the negligence of another you should seek immediate medical treatment usually at the local emergency room. Hiring a personal injury attorney is important in the earliest stage of the case to make sure that you preserve the evidence and you get the medical treatment that you need for your injuries. In a vehicle collision as long as you have car insurance and have not opted out of Personal Injury Protection (PIP) benefits your attorney can reserve those benefits for payment of your medical expenses, lost wages and costs of care while you are recovering from your injury up to the extent of that policy. Insurance companies are required to provide a minimum of $10,000 for PIP benefits but you can raise these limits to $50,000. In the case of a vehicle collision it is usually the vehicle that you are in that will pay the PIP benefits. In the event that you are a pedestrian and struck by a vehicle that vehicle’s PIP should pay those benefits.
In the case of a non-vehicle accident it is equally important to get immediate medical treatment and retain a personal injury attorney to preserve the evidence, get you medical treatment and negotiate a fair and reasonable settlement with the insurance company for the party at fault.
Should I Contact an Attorney If I Have Sustained Bodily Injury For An Accident In Kentucky?
If you have sustained a bodily injury due to the fault of another you should immediately contact an attorney who only handles personal injury claims. At Flora Templeton Stuart Accident Injury Lawyers we do not charge a fee unless we recover damages for our injured clients. We take immediate action when a client hires us for a bodily injury claim getting them good medical treatment and preserving the evidence. We work hard to reach a fair and equitable settlement for our injured clients. If you have been injured due to no fault of your own call us 24/7 for a free consult.