If you have suffered an injury due and it was someone else’s fault, you may want to consider filing a personal injury lawsuit. 52% of cases relate to car accidents, with 15% medical malpractice claims, and 5% product liability cases. However, there are time limits on when you can file the lawsuit, known as the statute of limitations. Here is what you need to know about how soon you must act after injury.
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The Statute of Limitations Sets Legal Deadlines on Personal Injury Law
Every state has established statutes of limitations that set legal deadlines for filing various types of civil lawsuits, including personal injury claims. These limits can range from 1 to 6 years, depending on the type of claim and the state. The clock starts running from the date of the injury or, in some cases, from the date you reasonably should have known you had a valid legal claim. For example, in Kentucky, the statute of limitations is one year, per KRS Chapter 423: Limitations of Actions. So if you’re injured in Kentucky, consulting an experienced personal injury lawyer as soon as possible is a good idea.
If you miss the filing deadline set by the statute of limitations, the courts will likely dismiss your lawsuit. That means it is crucial to consult an attorney promptly after an accident to determine exactly how much time you have to file. An attorney can evaluate the specific facts and circumstances to identify the appropriate statute and filing timeframe.
Types of Accidents and Their Time Limits
Time limits vary based on the type of injury claim. For example:
- In most states, personal injury lawsuits for car accident injuries typically have a statute of limitations of 3 years. In Kentucky, 23,773 people were injured in traffic accidents during 2022.
- Lawsuits against government entities or officials often have much shorter deadlines of only 6-12 months.
- Medical malpractice lawsuits must usually be filed within 2-3 years. Between 2012 and 2022, 1,530 medical malpractice payment reports were filed in Kentucky.
- Lawsuits for injuries to minors often can wait until the child turns 18 years old.
The deadlines also stop running while the injury victim is legally considered incompetent or mentally incapacitated. An experienced personal injury attorney will know the nuances of the statutes of limitations that apply to your specific case.
Preserve Evidence Immediately
To build the strongest case, you need to start gathering evidence immediately after your injury. This includes taking photos and videos of accident scenes, damaged property, and visible injuries. Obtain the contact information of eyewitnesses, as their memories fade quickly. Keep detailed records of medical expenses, lost wages, pain and suffering, and the impact on your daily life. Don’t wait to contact an attorney – the sooner your attorney can investigate your claim, examine evidence, and interview witnesses, the better.
Consult a Personal Injury Attorney Promptly
Because you have limited time, speaking with a qualified personal injury lawyer as soon as possible after an accident that causes your injury is essential. Your lawyer will determine the relevant statute of limitations and advise you on the appropriate timing for legal action. This ensures you file your personal injury lawsuit well within the legal deadlines, preserving your right to pursue compensation for your damages. Don’t leave it until the last minute and risk losing your ability to recover the compensation you deserve.
