Owensboro Personal Injury Attorneys

Knowing when to file a personal injury claim can be difficult. How do you know if you have a case? What if the accident happened several months ago? What if it’s been more than a year?

First and foremost, you should know that you have a limited amount of time to file a personal injury lawsuit in Kentucky. This deadline is known as the “statute of limitations,” and it is one year from the date of the accident or injury. 

The Personal Injury Statute of Limitations in Kentucky

According to the Kentucky Revised Statutes section 413.140(1)(a) the statute of limitations in Kentucky is one year from the date the injury occurred. If you did not discover the injury right away, the one-year deadline typically does not begin until the date on which you realized you were injured.

If more than a year has passed, you may not be able to file a lawsuit. However, there are some exceptions. Reach out to a member of our team right away to learn more. 

Second, to determine if you have grounds for a personal injury claim, ask yourself the following:

• Were your injuries caused by another person or party’s carelessness, recklessness, or intentional actions or conduct?
• Did the other person or party have a responsibility to act reasonably and take certain measures to make sure you (or others) were not harmed?
• Would you have been injured if the other person or party had followed the law and/or acted reasonably and safely?
• Did you suffer measurable losses, such as medical expenses, lost income, or pain and suffering, because of your injuries?

Even if you believe you may have been partly at fault for the accident or event that caused your injury, you could still be able to file a personal injury claim. Kentucky follows what is known as a “pure comparative negligence rule,” which simply means that you can still file a claim and seek compensation for your injuries, even if you were partly to blame. However, you should know that if you were partly at fault, you won’t be able to recover as high a settlement or verdict than if you were not to blame at all.

“Damages” is a legal term that refers to any losses you experience due to the accident and/or your injuries. This includes both losses that have a set dollar value, as well as those that are more intangible in nature.

Some examples of common damages recovered in personal injury claims include:

• Ambulance and hospital fees
• Medical bills
• Medication and medical equipment costs
• Future medical expenses
• Lost income/wages from time off work
• Loss of earning ability due to injury, impairment, or disability
• Loss of future expected earnings
• Pain and suffering, including both physical pain and emotional suffering
• Miscellaneous expenses, such as in-home assistance/care, counseling services, etc.

Our personal injury lawyers in Owensboro can sit down with you to go over the specific details of your case. Every situation is unique, which is why we use a personalized, hands-on approach. Our team works hard to develop individualized legal strategies to fight for the maximum compensation you deserve.

The time limit (also known as Kentucky's statute of limitations) allows for victims to file a personal injury claim for up to 1 year following the date of their injury. This is a relatively short timeframe compared to other states that sometimes allow claims to be filed up to 2-3 years after the incident occurred. 

Because of this short statute of limitations, it's important that you speak with an injury lawyer immediately following your accident and determine whether or not you have grounds for a lawsuit. Don't wait!