by Guest » Wed Sep 25, 2013 11:10 am
In Kentucky, the statute of limitations to claim for personal injury by an injured is 1 years, while states like Maine provides 6 years time. What is the logic behind such a limited time to claim for personal injury? This is because a person suffering for more than a year due to an injury may not be able to file his claim. I believe i lack some essential info regarding this. I would really appreciate if you could provide me with some points to learn about it.
Posted: Wed Sep 25, 2013 08:12 pm Post Subject:
Each state determines for itself how long it will allow such matters to linger prior to filing a civil suit. If KY has chosen 1 year, it is intended to get matters into court sooner rather than later. Generally, that is a good thing, but with injuries, it may be too soon to know what the full damages are. When that is the case, the Plaintiff's attorney simply asks for a continuance of 3, 6, 9, or 12 months.
The SOL simply means that's the amount of time you can take to file a case. It doesn't mean the case will be coming to trial any time soon. You just cannot wait more than one year in KY to file a lawsuit.
Posted: Thu Sep 26, 2013 12:05 am Post Subject:
The SOL is in place not to protect the person with the injury but rather to protect the person who caused the injury. The reasoning is that a person should only need to worry about a situation for so long. There should come a time when the incident should not longer be held over their head and they can sleep at night. Keep in mind, not all defendants are guilty of something they are accused of.
I agree, 1 year is not very long. But it was up to that state to come up with that time frame. Most state ignore much of the SOL. A person can file before the time limit and not even serve anyone. As long as it's not dismissed by a judge for not having any action, it can sit there forever (usually a judge will dismiss it if nothing happens in 6-12 months).
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