How long can I wait before I make a claim?
Every state has what’s called a statute of limitations, which stipulates how long a person can wait before filing a particular legal claim against another person or entity. In Kentucky, the statute of limitations is one year for a personal injury claim. If another person has caused you injury and you are considering legal action, you must file a legal claim within this time, except in certain circumstances. This makes it critical to speak with a legal representative as soon as possible. If you want to speak to a lawyer about legal claims, call Sampson Law Firm at (502) 584-5050.
Are there any exceptions to the statute of limitations in Kentucky?
In Kentucky, there are several exceptions to the statute of limitations that may apply in specific circumstances:
- Minors: If the victim was a minor during the injury, Kentucky law allows them to file a lawsuit within one year after age 18. This means that if the statute of limitations would have expired before their 18th birthday, they have until they turn 19 to initiate legal action.
- Defendant’s Absence: If the defendant has fled the state or gone into hiding, making it impossible to serve them with legal papers, the statute of limitations may be temporarily paused or “tolled.” This means the clock stops running until the defendant is found, and the limitations period does not continue until they are located.
- Discovery of Injury: If a victim did not discover their injury until a later date, the statute of limitations may be extended. Referred to as the “discovery rule,” this exception allows individuals to file a lawsuit within one year after discovering their injury or reasonably should have discovered it through diligent investigation.
- Mental or Physical Incapacity: If the victim experienced incapacitation due to physical or mental limitations, the statute of limitations may be extended. In this case, the limitations period does not begin until the incapacitation ends. Alternatively, if the victim cannot file a lawsuit, their representative or legal guardian may do so. This exception ensures that individuals with disabilities or mental health issues have equal rights to pursue legal action.
It is important to note that the application of these exceptions can vary depending on the specific details of each case. Consulting an experienced personal injury lawyer will guide you on whether exceptions to the statute of limitations apply to your situation.
How can a personal injury lawyer help me with my case?
A personal injury lawyer can provide valuable assistance and guidance throughout the entire claims process, ensuring that you receive the necessary compensation. By reaching out to a reputable law firm like The Sampson Law Firm, you can benefit from the expertise of a skilled legal team.
One of the critical ways a personal injury lawyer can help is by providing knowledgeable advice regarding the statute of limitations that applies to your specific case. They can inform you about any exceptions or extensions that might be relevant, as failing to comply with the statute of limitations can significantly impact your ability to file a claim. Time is of the essence, mainly if someone else’s negligence caused your injuries, and a personal injury lawyer understands the need for prompt action to ensure you do not miss the filing deadline.
Additionally, a personal injury lawyer can assist you with all aspects of the claims process. From evaluating the strength of your case to gathering evidence, navigating complex legal procedures, and negotiating with insurance companies or opposing parties on your behalf, they have the expertise to handle each step effectively. They will work tirelessly to build a compelling argument in your favor, advocating for your rights and seeking fair compensation for your injuries.
Moreover, a personal injury lawyer can help you file your claim within the applicable limitations period specific to your case. They possess the knowledge and experience to ensure all necessary documentation is submitted correctly and on time, maximizing your chances of obtaining the compensation you deserve.
Overall, by enlisting the services of a personal injury lawyer, you gain a legal advocate who will provide you with comprehensive support, expertise, and guidance. They will fight for your rights and work diligently to help you navigate the complexities of your case, ultimately helping you secure the fair compensation you need. Call us at (502) 584-5050 for your free consultation.