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When is the right time to file a personal injury claim?

| Feb 16, 2018 | Blog |

While out doing your thing, another driver slammed into your car. You suffered pretty significant injuries in the wreck and spent time laid up in the hospital. Now you are out, but you still are going through physical therapy, trying to readjust to life, and are just not up to doing much else. You want to pursue compensation for your losses but do not feel you are in a position to do it just yet. When is the right time to file a personal injury claim in a Kentucky civil court?

Following a car accident, it is okay to take time and take care of you. Just know there is a statute of limitations set on personal injury claims, so do not wait too long if you wish to pursue relief through legal means.

Statutes of limitations overview

Statutes of limitations are time limits set for filing certain types of civil claims in court. The state sets these limits for a number of reasons. First, it protects potentially sued individuals from having to live with the threat of lawsuit for the rest of their lives. Second, it can preserve evidence integrity.

Regarding car accident injuries, the statute of limitations for filing civil claims against the responsible party is just one year in the state of Kentucky. That is one year from the date of the accident. However, following a car crash, not all injuries may be immediately apparent. Some may take days, weeks or months to really reveal themselves. In these cases, the statute of limitations will run out one year from the date of injury discovery rather than the date of the accident.

File when ready, just do not wait too long

Take care of you. Do what you have to do to get back on your feet the best you can. When you are ready, then consider seeking compensation for your losses — just do not wait too long. If the statute of limitations runs out before you file, you may lose your right to seek compensation for good. 

If seeking compensation for your personal injury is of interest but you are unsure if you have a case, it is okay to ask questions. Legal counsel will be able to review the details of your case and help you go from there.