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Roger, Attorney
Category: Personal Injury Law
Satisfied Customers: 31788
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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A traffic related personal injury lawsuit was filed 2 years

Resolved Question:

A traffic related personal injury lawsuit was filed 2 years and 10 months after accident with both me and my employer named as defendants. Kentucky statute of limitations appears to be exceeded (1 year). What could over ride this statute?.
Submitted: 5 years ago.
Category: Personal Injury Law
Expert:  Roger replied 5 years ago.

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 (


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.

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