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A statute of limitations is the legal deadline to file a lawsuit after an accident and injury. In Kentucky, you must file most personal injury cases, including bike accidents, within one year of the accident or discovery of the injury. This is the shortest statute of limitations in the U.S.
A dedicated bicycle accident attorney at Busald Funk Zevely could guide you through this process. As experienced bicycle accident lawyers, we always urge injured cyclists to start their insurance claims as soon as possible due to the Florence bicycle accident statute of limitations.
Factors That Affect the Statute of Limitations
Certain legal exceptions can apply to the statute of limitations for bicycle crashes that take place in Florence, as referenced in Kentucky Revised Statutes § 413.140. In most cases, you must file your personal injury lawsuit within one year of the accident. Under the discovery rule, if you did not realize you were injured right away, the clock may start from the date you discovered or reasonably should have discovered your injury. However, the one-year filing deadline is strictly enforced, and missing it could bar you from pursuing compensation.
The countdown to the deadline can also be paused, or tolled, if the person who caused the crash is a resident of the Commonwealth and leaves or hides to avoid being served with legal papers. The time they are gone does not count toward the two-year deadline.
Another possible exception involves fraudulent concealment. If the defendant actively tries to hide their identity or their role in the accident, making it difficult for you to discover who is legally responsible, courts can extend the deadline. However, you must prove this concealment happened. A bicycle accident lawyer could manage this on your behalf.
Bicycle Accidents: More Laws To Know
Under the Kentucky Revised Statutes § 304.39-230, the deadline for a bike accident lawsuit in Florence can actually extend to two years from the date of your last no-fault insurance (PIP) payment, not the date of the crash. This rule provides additional time to file a lawsuit if the injured person is still getting medical benefits or wage payments through PIP coverage. It makes sure that ongoing treatment never reduces the allowable time to recover damages in court.
What if the Rider Was Under 18 When the Accident Happened?
When a child is injured in a cycling wreck in Florence, they get more time before the statute of limitations takes effect. Commonwealth law gives minors additional time to file a lawsuit because they legally cannot pursue a case on their own before they turn 18. Parents, however, can bring the case sooner as the legal guardian on behalf of the child.
From the minor’s 18th birthday, they then have one year to file a personal injury lawsuit for the bicycle accident. A child could be hit by a car while riding their bike at age five and not file a lawsuit until they are 18 years and 11 months old.
It is not always most beneficial for you to wait until an injured minor turns 18, however. Consult with our bike accident attorneys immediately for help strategizing the best timing for your family.
Does the Deadline Change if a Government Entity Caused the Accident?
The deadline shortens if a government entity caused the bike accident. Cycling crash claims against the Commonwealth of Kentucky or the City of Florence have different rules from lawsuits against private parties, including the statute of limitations. These cases fall under the Kentucky Board of Claims Act, which gives you just one year to file an administrative claim with the Kentucky Claims Commission.
If your accident involved a city or county vehicle, your lawyer most likely needs to file a notice of claim directly with that government entity.
Ask a Florence Bicycle Accident Lawyer About Filing Deadlines Today
The Florence bicycle accident statute of limitations guidelines can be confusing and difficult to navigate, so contacting a lawyer for support could make the claims process significantly easier. Busald Funk Zevely has represented personal injury victims for over 50 years. We have nine attorneys on staff with knowledge in all areas of personal injury law. To speak to one of our experienced bicycle accident lawyers, contact us now to schedule a free legal consultation.
