STATUTES OF LIMITATION: WHAT ARE THEY AND WHY DO WE HAVE THEM?

Did you know that there are time limits on filing a lawsuit? In fact, each state limits the amount of time you have to bring suit by their specific statutes. Most of the time, the amount of time you have depends on the type of lawsuit you are bringing. Some claims only give you one year, others two, some five or fifteen years. Why a cutoff?

The two main policy reasons behind statutes of limitation are judicial efficiency and peace of mind for potential defendants. The court can limit the burden on its docket by disposing of cases which are brought too late and the potential defendant can get peace of mind. If there was no limitation on suits, businesses could not invest and individuals could not sleep well with such a threat hanging over their head. Thus, the statute of limitation gives a plaintiff a reasonable time period in which to sue and then provides protection for the potential defendant.

What are the Kentucky statutes of limitations? In a typical car wreck which results in physical injuries may be brought within either two years of the accident date, or two years following the last (PIP) benefit payment. In workers' compensation, the applicable statute is two years from the date of injury, or two years from the last temporary total disability payment. Many property damage claims may be brought in one or five years. Medical Malpractice or other claims may depend on when you "should have known" of the effects.

***These statements are not to be used as a substitute for legal advice. If you have questions regarding your specific case, call us at (606) 523-5100, or toll free 1-877-524-5100