Injured Pedestrians, the Clock Is Ticking on Your Legal Rights

Missing legal deadlines could make life after a pedestrian accident even more difficult. Kentucky law allows injured pedestrians to pursue compensation. However, state law also imposes time limits on these legal rights, known as statutes of limitations.  

pedestrians-walking-on-road-between-carsMissing these deadlines could put your ability to seek compensation at risk. That’s why you need a skilled pedestrian accident lawyer to manage your injury claim. At Skeeters, Bennett, Wilson & Humphrey, we take prompt action to ensure your claim meets all requirements. 

The Legal Deadline for Filing a Pedestrian Accident Lawsuit

The statute of limitations in Kentucky is one year for most personal injury matters. However, the state allows a longer period to act after motor vehicle accidents. 

Under section 304.39-230 of Kentucky Revised Statutes, you generally have two years to file a pedestrian accident injury claim. 

This two-year time limit typically begins on the date of your injury. However, KY state law may also allow you to file a claim within two years of the last date the insurer paid you personal injury protection (PIP) benefits

Exceptions to Kentucky’s Statute of Limitations 

The exceptions to the statute of limitations law may give you more time to act or reduce your time to file a claim.

Sor instance, under state law, you may be subject to shorter deadlines if your pedestrian accident involved a government defendant. 

The usual two-year time period can also be paused or “tolled” in certain instances, such as when a victim is under 18 years old or incapacitated.

Determining whether exceptions apply to your case requires knowledge of the nuances of state law.

What if You Miss the Deadline to File Your Kentucky Pedestrian Accident Case? 

Statutes of limitation are absolute in most cases. If you don't file your claim before the statute of limitations expires, you lose your right to recover compensation.

If your claim is not filed on time, defendants and their insurers are not required to compensate you. Generally, the Court will decline to hear your case if you don’t meet filing deadlines.

For this reason, injured pedestrians must do everything they can to file their cases before the statute of limitations expires. 

A Kentucky Personal Injury Lawyer Can Protect Your Rights and Prevent Missed Deadlines

One of the first questions your Central KY personal injury lawyers will ask you is the date of the accident. This fact informs their strategy and advice regarding legal deadlines. As your attorneys learn the full facts of your case, they can determine whether any exceptions might apply. 

Proactive action is critical to protecting your legal rights. Our attorneys won’t leave the future of your case to chance. Instead, we begin preparing your case on a timeline that ensures full compliance with legal deadlines.

Don’t Wait to Contact Skeeters, Bennett, Wilson & Humphrey for Help With Your Pedestrian Accident Claim

What exactly must be completed by the time the statute of limitations passes? 

You don’t have two years to decide to start working on a claim. You must have filed your claim by this deadline. This means you should have already done the following: 

  • Consulted a pedestrian accident attorney
  • Gathered evidence to establish the driver’s negligence through a thorough investigation
  • Collected documentation of your damages, such as medical records and pay stubs that support claims for lost wages 
  • Drafted a complaint to begin the litigation process

These tasks take time to perform thoroughly, even for experienced legal professionals. 

Preventing missed deadlines is just one reason not to wait until the statute of limitations is almost up to seek legal help.  Early involvement by Skeeters, Bennett, Wilson & Humphrey's pedestrian accident lawyers can also help you preserve evidence, identify all defendants, and protect your potential recovery.