The costs of being involved in an accident can take on many forms. Injuries sustained could result in hospital expenses, insurance claims, taking time off work as well as many other factors. As a result, filing a lawsuit may be the last thing on a person’s mind.
Unfortunately, if too much time passes, then filing a lawsuit may no longer be an option. The Kentucky civil statute of limitations dictates the time frame which individuals have to commence litigation.
Time limits for personal injury and wrongful death
For personal injury and product liability claims, either an injured plaintiff, surviving spouse or child must file within one year of the incident that resulted in harm. For medical malpractice, actions should be filed within one year of the injury or within one year of when the wounded party ought to have reasonably known about the injury.
The limitations for wrongful death can be difficult to comprehend. However, typically a deceased individual’s personal representative could pursue litigation if the death occurred less than one year after the accident deemed to have caused the death. Furthermore, it is still possible to file a claim for wrongful death out with the one-year period, if the personal representative has been appointed within one year of the individual’s death.
Statutes of repose
Statutes of repose enforce an even firmer time limitation on filing claims. In cases of product liability, statutes of repose create an assumption that a product was not faulty if the given time period has expired. Understanding the time limits for personal injury claims is vital to the success of your case. An expired time limit may even negate the possibility of a claim being filed at all.