Car accidents often result in physical injuries, emotional distress, and financial burdens. If you’ve been injured in an accident, you might wonder how long you have to file a claim for compensation. The answer depends on your state’s laws, the nature of your injuries, and whether there are exceptions that apply to your case. At Mory & Colliersmith, PLLC, we help clients in Kentucky navigate these deadlines to protect their rights and secure the compensation they deserve.
This blog will break down the time limits for filing an injury claim, known as the statute of limitations, and the factors that can affect your ability to seek compensation.
Understanding the Statute of Limitations
The statute of limitations sets a legal deadline for filing a personal injury lawsuit after an accident. If you miss this deadline, you may lose your right to pursue compensation, no matter how valid your claim may be.
Kentucky’s Statute of Limitations
In Kentucky, the time frame for filing a personal injury claim after a car accident depends on the type of claim being made:
Personal Injury Claims: You have two years from the date of the accident or the last Personal Injury Protection (PIP) payment made by your insurance to file a claim for personal injuries.
Property Damage Claims: For claims related to vehicle or property damage, Kentucky allows up to two years to file, though it’s often handled alongside the injury claim.
Wrongful Death Claims: If a loved one passed away due to accident-related injuries, the statute of limitations is typically one year from the date of death.
Why Acting Quickly is Important
While two years may seem like a long time, it’s crucial to act as soon as possible after an accident. Here’s why:
Preserving Evidence: Evidence like photos, surveillance footage, and witness statements can disappear or become less reliable over time. Acting quickly allows your attorney to build a stronger case.
Accurate Medical Records: Seeking medical treatment immediately creates documentation of your injuries, which is essential for proving your claim. Delays in treatment can give insurers grounds to dispute your injuries.
Avoiding Legal Complications: Filing your claim close to the deadline may lead to unnecessary delays and increase the chances of mistakes. Early action ensures your case is handled thoroughly and efficiently.
Exceptions to the Statute of Limitations
In certain cases, Kentucky’s statute of limitations may be extended or adjusted. These exceptions include:
Injuries Discovered Later: Some injuries, like internal injuries or traumatic brain injuries, may not be apparent immediately after the accident. If your injury is discovered later, the clock may start from the date of discovery rather than the accident date.
Minors or Incapacitation: If the injured party is under 18 years old or legally incapacitated, the statute of limitations may be paused (tolled) until the individual turns 18 or recovers from incapacitation.
Accidents Involving Government Entities: Claims against government agencies often have much shorter deadlines—sometimes as little as 90 days.
Uninsured or Underinsured Drivers: If the at-fault driver is uninsured or underinsured, additional time may be granted to file claims against your own insurance company.
How to File a Claim Within the Deadline
Here are the steps to ensure your claim is filed on time:
Seek Medical Attention Immediately: Your health should always be the top priority. Prompt treatment not only ensures your well-being but also creates documentation that supports your claim.
Contact an Attorney Early: An experienced personal injury attorney, like those at Mory & Colliersmith, PLLC, can evaluate your case, gather evidence, and file your claim within the required time frame.
Notify Your Insurance Company: Most insurance policies require prompt notification of an accident. Failing to do so could result in denied coverage.
Maintain Detailed Records: Keep all medical bills, repair estimates, correspondence with insurance companies, and other documentation related to the accident.
What Happens if You Miss the Deadline?
If you fail to file your claim within the statute of limitations, you lose the legal right to seek compensation through the court system. This could leave you responsible for covering medical bills, lost wages, and other expenses out of pocket.
However, there may still be options available. At Mory & Colliersmith, PLLC, we can review your case and determine if any exceptions apply that might allow you to proceed.
Why Choose Mory & Colliersmith, PLLC?
Filing an injury claim within the statute of limitations is critical, but it’s just one part of the process. At Mory & Colliersmith, we provide comprehensive legal support to accident victims, including:
Thorough Case Evaluation: We’ll assess your claim, identify all potential sources of compensation, and ensure deadlines are met.
Aggressive Representation: Our team negotiates with insurance companies to secure the best possible settlement for your injuries and losses.
Personalized Attention: We treat every client like family, offering compassionate guidance and clear communication throughout your case.
If you’ve been injured in an accident, don’t wait to take action. While Kentucky allows two years for most personal injury claims, acting quickly ensures the best chance of success. Contact Mory & Colliersmith, PLLC today for a free consultation. Let us handle the legal details so you can focus on what matters most—your recovery.