It can be extremely frustrating and stressful to suffer a personal injury caused by negligence or wrongdoing of another. It can be tempting to abandon the legal process. However, for many reasons it is important to seek compensation for your emotional and physical suffering.
You should act quickly when it comes to personal injuries law cases. For assistance, contact an lawyer in Pikeville. They will take care of all the details. This will provide relief for you if your life and livelihood have been affected by a difficult issue.
What is a Statute of Limitations (Statute of Limitations)?
A statute of limitations, according to the WEX Legal Dictionary is a law that prohibits an individual from filing claims after a certain time period has passed following their injury. Both civil and formal criminal cases have time limits. It depends on the state and type of law that you are in, how long it takes to complete these charges and what time period you are currently serving. The time limit in Kentucky for civil cases is usually between one and five years. There is currently no statute of limitations in Kentucky for murder. Kentucky Revised Statute 413 outlines the statute of limitations. There are exceptions to the statute, like the one relating to personal injury caused by a traffic accident.
These laws protect plaintiffs as well as defendants. The plaintiff has a time limit to file their claim. This protects the defendant against claims that they must produce evidence that has been lost or that are being pursued without reasonable diligence. The longer it takes for an injury case to be brought to court, or any other legal action to be filed, the greater the likelihood that the case will be frivolous (or that no legal team can present for the plaintiff).
You are likely feeling overwhelmed and having difficulty with many tasks. The last thing you want is to bring the details of your injuries to a lawyer to help you build a case. It’s best to act quickly so you can begin the proceedings while the events are fresh and have all the necessary documentation.
The Kentucky Statute of Limitations
Although it might seem that the statute of limitations is different in each state, the truth is that Kentucky has the same one. It depends on the type law. You’ll need to be clear about this as soon as possible. It’s frustrating to decide to file a lawsuit months later and gather your documentation only to find out that your personal injury claim was not eligible for filing within the one-year deadline.
Kentucky has the shortest window for filing a personal injuries claim. Personal injury and death cases have a one-year default statute of limitations. You will need to act quickly to ensure justice is done and you are awarded compensation.
Car accident personal injury must be filed within two years from the date of the wreck. You can also determine this by looking at the date that an individual received their last Personal Injury Protection payment. The date between these two timeframes will be determined based on the one that occurs later.
The wrongful death statute of limitations in Kentucky is one year from when you have a personal representative appointed on behalf of a loved one who passed away from a wrongful death incident. This must not exceed two years after the death date.
Other common cases have the following windows to take legal action:
- Home construction accidents have caused personal injury for 5 years
- Workers’ compensation for 2 years
- Product liability (1 Year)
- (1) Year of personal injury from a corporation other that a hospital
- A physician, dentist, surgeon or hospital must file a medical negligence or malpractice case within one year after they occur. (1 year)
The Problem with Statute of Limitations
Statutes of limitations are not usually a problem. This is because most injured parties seek legal help within a short time after an injury.
Despite this being the case, you and your loved ones will still face challenges. It is important to be able secure and provide all necessary documentation. You might be receiving ongoing medical care. There may be additional injuries from the accident. Or you may have therapy payments and hospital bills. You should not delay in starting legal proceedings even if there is new information or other factors that may affect the amount of compensation you are entitled if you win your case.
Find the right attorney to help you with your personal injury concerns
Do your research and have someone help you find an attorney with knowledge in personal law. You need to ensure that they are a good match and that you feel comfortable with their work. This can be a difficult, time-consuming, and emotionally charged process. You should avoid choosing any personal injury lawyer or lawyer that pops up in the search results for Pikeville, KY.
The post Statute of Limitations in Common Pikeville KY Personal Injuries was first published on Attorney at Law Magazine.