When you suffer an injury and others are at fault, how much time do you have to file a personal injury claim against them? The answer depends on the law called the statute of limitations. Here, lawyers at Thompson Law Office in Lexington KY, explain how this important statute affects an individual’s right to pursue a legal claim.
Time Limits for Filing Personal Injury Claims
Statute of Limitations Defined
The statute of limitations is the state law that sets the time limits for filing claims. Injured individuals who file personal injury claims must do so before the statute of limitations has run. People who miss their filing deadlines lose their right to pursue their legal actions in court.
Personal Injury Statute of Limitations
Generally, Kentucky’s statute of limitations for filing personal injury and wrongful death lawsuits is one year from the date of injury. The deadline includes car accident and medical malpractice claims. It also covers products liability claims, such as defective materials and finished goods. Injured individuals or their family members should consult lawyers as soon as possible after a personal injury or wrongful death occurs. The lawyer will explain the law and protect their rights to file claims.
Tolling the Statute of Limitations
The statute of limitations may be tolled, or delayed, for specific legal reasons. When the injured person is serving on active military duty, is a minor, is mentally incapacitated, or is in jail, the statute may be tolled. Personal injury lawyers know when tolling is permitted and can calculate the exact date when tolling begins and ends, which changes the filing deadline.
Don’t risk missing the filing deadline in your personal injury case. Contact Thompson Law Office in Lexington, KY, today and find out the exact date your statute of limitations runs. Call (859) 280-2222 to schedule your consultation, or contact them on the firm’s website.