Kentucky Personal Injury Laws
Kentucky personal injury laws vary from other state’s personal injury laws. Below are the most common personal injury laws in the state of Kentucky. Understanding your compensation rights and getting the help of an attorney is your first step towards filing a successful Kentucky personal injury claim.back to top
Kentucky Statute of Limitations
(How long do I have to file personal injury claims in Kentucky?)
The Kentucky statute of limitations for filing a personal injury claim is 2 years. Kentucky’s medical malpractice statute requires a case to be filed within one year from the date of the action. If the injury is not discovered within one year the case may be filed within five years from the date of the action. Product liability claims must be filed within one year. These statutes for Kentucky claims are subject to change, contact a Kentucky injury attorney for definitive statutes at the time of your accident or injury.
Car Accident in Kentucky?
Kentucky = Choice No-Fault State
Kentucky is a choice no-fault state which means drivers have the choice to decline to carry Personal Injury Protection (PIP) coverage and retain their right to sue under the traditional tort system. If you choose the no-fault option and you are involved in a car accident fault will not be assessed, but instead, your own car insurance will pay for economic damages for the accident. The injured person cannot, however, sue the other driver for pain and suffering, emotional distress and inconvenience if they have chosen the no-fault coverage unless their damages exceeds the states monetary thresholds and their medical expenses exceed a dollar threshold.
Kentucky is a Pure Comparative Fault State
Kentucky uses the pure comparative fault rule to assess damages. Under this compensation rule an individual can receive compensation even if they are 99% at fault for the accident but their damages are reduced by their degree of fault.back to top
Are there Damage Caps in Kentucky Injury Law?
(How much compensation can I get?)
The Kentucky state constitution specifically bans a cap on damages for a personal injury case. For workers compensation cases there are no time or monetary limits regarding medical benefits for those who are entitled to workers' compensation in Kentucky. Payments for PTD and PPD can never exceed $100,000. Workers compensation death benefits are a percentage of the employee's wages.
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