Owensboro Personal Injury Attorneys

Understanding Kentucky's Personal Injury Statute of Limitations

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.