Imagine getting involved in a car accident that is not your fault. Everything (from police reports to eyewitness accounts) points to the other driver as the negligent party. But, despite the solid evidence in your favor, the other driver denies liability.
If this happens, your only recourse may be to sue the negligent party for damages. When you choose to file a car accident claim in court, you will be required to do so within Kentucky’s statute of limitations. If you fail to file your claim within that period, the court may dismiss your claims, and with it any possibility of recovering your losses.
So what is the statute of limitations?
A statute of limitations refers to the amount of time a plaintiff has to commence civil or criminal litigation against a defendant. This time period varies from state to state as well as the nature of the claim. In Kentucky, you have up to one year to file a personal injury claim if you are involved in a car accident that is not your fault.
Purpose of the statute of limitations
The statute of limitations is in place to serve the following purposes:
- Eliminate room for blackmail – Stature of limitations prevents the plaintiff from blackmailing the defendant with the threat of a lawsuit indefinitely. This ensures that the lawsuit is litigated and decided on as soon as possible.
- Preserving crucial evidence – It is not uncommon for people’s memories to fade and for evidence to be lost over time. The statute of limitations ensures that a case is litigated as fast as possible while the plaintiff’s and the eyewitnesses’ memories are fresh.
A car accident can leave you confused and distraught. Find out how you can pursue the damages you deserve when you are involved in an auto accident that is not your fault.