Major expenses typically start accumulating immediately after a Kentucky car crash. People with injuries and major property damage losses may need time to respond appropriately. They need to seek out emergency medical care and get estimates regarding their total losses.
They can then pursue insurance compensation. In some cases, those involved in major motor vehicle collisions in Kentucky may have grounds for a personal injury lawsuit against the other driver who was at fault for the crash. Typically, those pursuing compensation after a Kentucky car wreck need to act quickly. Otherwise, they risk losing the right to take legal action.
There is more than one statute of limitations
People affected by car crashes may have a hard time understanding their options. Most people understand the idea that civil litigation is subject to a statute of limitations. State law determines how long people have to take action after a crash results in injury or worse.
In many cases, people have only one year from the date of the collision to initiate a civil lawsuit. After settling their insurance claim and determining what remaining expenses they need to cover, they can file a lawsuit against the driver at fault for the crash or third parties with legal liability for the incident. Still, some people may have a bit longer to take legal action.
In cases where surviving family members want to pursue a wrongful death lawsuit against the party at fault for the crash, they may have up to two years to initiate that lawsuit. Wrongful death lawsuits are often subject to a one-year statute of limitations. However, if the probate courts do not appoint a personal representative to administer the estate of the deceased party within that year, then the statute of limitations extends to two years in that specific case.
For those pursuing compensation for injury-related expenses, a two-year statute of limitations may apply in special circumstances. Typically, the injured party needs to have documentation showing that they have a serious injury that meets the state’s tort threshold.
People may also be able to pursue a lawsuit in cases where they opted out of no-fault insurance. Drivers who choose not to carry personal injury protection (PIP) coverage and instead only carry liability coverage as mandated by the law may be eligible for a two-year statute of limitations if they need to file a personal injury lawsuit after a collision.
Many people have a hard time making sense of whether they qualify for the two-year statute of limitations. It can also be challenging for grieving individuals and those coping with major injuries to accurately estimate their financial losses. Discussing a crash and its consequences with a personal injury attorney can often help people better understand their options. Those affected by car wrecks usually need to act quickly to protect themselves and hold the right party accountable.