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How long do you have to file a personal injury claim?

On Behalf of | Jan 21, 2025 | Personal Injury

Getting injured because of someone else’s mistake can be stressful and figuring out what to do next is essential. Naturally, you would wonder how long you can put off before filing a personal injury claim. The time limit, known as the statute of limitations, varies by state and type of claim.

Statute of limitations in Kentucky

Kentucky law states you typically have a year from the incident date to file a claim. This applies to civil cases including professional malpractice and other personal injury cases. For cases involving wrongful death and damage to personal property, you have about two years to file a claim. 

Meanwhile for car accidents, the two-year period begins from the accident date or the last Personal Injury Protection (PIP) payment. Adhering to these timelines is critical, as failing to file within the designated period could result in losing your right to pursue compensation.

Understanding the claims process

Filing a personal injury claim involves several key steps. Understanding this process helps ensure a smoother experience.

  • Document the incident: Gather evidence, including photos, witness statements, and medical records.
  • Notify the responsible party: Inform the person or entity at fault of your intention to file a claim.
  • File the claim: Submit your claim with detailed information and supporting documents.
  • Negotiate or litigate: Engage in settlement discussions or prepare for court if necessary.

A timely and organized approach increases the chances of a more positive outcome.

Seeking legal support

Due to the complicated nature of the law, you may want to seek help from a legal professional. They can negotiate on your behalf and guide you through the process.

They ensure that you correctly file all documents and meet all the deadlines, maximizing your chances of obtaining fair compensation. With the proper legal support, you can focus on recovery while they handle the legal details of your case.