Personal Injury Law
Personal Injury Law Questions? Ask Personal Injury Lawyers.
Hi - my name is XXXXX XXXXX I'm a Personal Injury litigation attorney here to assist you.
You're right that the statute of limitations for personal injury claims is 1 year in Kentucky under 413.140 (http://www.lrc.ky.gov/KRS/413-00/140.PDF).
The limitation period begins when the cause of action accrues, which means when the event that gives rise to the cause of action occurred. If the claim is for a traffic accident, the accrual date should be the date of the event.
It is possible for a statute of limitations to be tolled, which means that the statute of limitations doesn't begin to run until a certain event happens. The most common is with a minor. If a minor was involved in the accident, the statute of limitations could be tolled and not begin to run until his/her 18th birthday. If there is no tolling issue in your case, the claim should be untimely.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).