How Long Do You Have to File a Slip and Fall Lawsuit in Kentucky?
Slip-and-fall accidents are among the leading types of personal injury cases in the U.S. These accidents account for over one million emergency room visits yearly. Slip-and-fall accidents can result in severe injuries, substantial medical bills, lost income, and significant pain and suffering. If you’ve suffered injuries in a Kentucky slip-and-fall accident because of a property owner’s negligence, you can file a claim and seek compensation. However, it is crucial that you act fast. In Kentucky, you have a limited time to file a slip and fall lawsuit. Acting within this timeframe is vital to preserving your right to seek compensation. But how long do you have to file a slip-and-fall lawsuit in Kentucky? Read on to find out.
What Is a Statute of Limitations?
In the U.S., laws exist that cap the time claimants have to initiate a lawsuit after an incident or accident causes harm. These laws are called “statutes of limitations.” These laws can vary by state and the type of legal claim. Statutes of limitations exist to ensure fairness and efficiency in the legal system. They ensure that plaintiffs pursue their legal claims when evidence is still fresh and reliable. Over time, evidence can deteriorate, get altered, or get lost. Also, memories may fade, and witnesses may become unavailable. Second, these laws motivate claimants to file their claims without unnecessary delay, ensuring disputes are resolved promptly. Statutes of limitations ensure defendants don’t face the threat of litigation indefinitely. Additionally, statutes of limitations exist to prevent defendants from having to defend themselves from an accident or incident that happened years or even decades earlier without the proper evidence or witnesses to mount a proper defense.
Kentucky’s Statutes of Limitations for Slip and Fall Lawsuits
After suffering injuries in a Kentucky slip-and-fall accident because of another party’s negligence, you only have a year to file a lawsuit. This is according to KRS 413.140. The “clock” usually starts ticking on the incident date. In certain situations, the “clock” may start ticking at a later date. For example, if you were incapacitated or a minor when the accident happened, the statute of limitations “clock” starts ticking after you turn 18 or become of sound mind.
A year is not a long time to file a claim, so you must act fast. It’s prudent to hire a Kentucky skip and fall attorney who can guide you through the process of filing your claim as soon as possible after being involved in a slip and fall accident.
What Happens if You Don’t File Your Claim Within a Year?
Failure to file your slip and fall lawsuit within a year may result in you losing your right to seek compensation. If you file your lawsuit after one year has passed, the court will most likely dismiss your case. Also, filing your claim as soon as possible can ensure you have a strong claim. For instance, if you wait to file your claim, witnesses of the accident may have faded memories and be less able to remember what occurred. Also, some evidence may be less reliable. Additionally, it may be harder to prove a link between your injuries and the accident in question.
Contact Us for Legal Help
If you’ve been injured in a slip and fall accident, contact our skilled London & Southeast slip & fall attorneys at Cessna & George Law Firm for legal help.
Source:
nfsi.org/nfsi-research/quick-facts/
