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  1. #1
    Join Date
    Dec 2010
    Posts
    5

    Default Statute of Limitations is Over, but Still Being Sued

    My question involves an injury that occurred in the state of: Kentucky
    I just found out that I am getting sued for injuries, lost wages, mental anguish, etc. for an accident that happened 3 yrs ago. I looked it up and the statute of limitations in KY is 1 yr for personal injury. The person that is suing me is with a powerful attorney (atleast I think their powerful since they have ads on TV). I was also a minor at the time of the accident. I am wondering why an educated lawyer would agree to take on a case when the time limit is up. Do they know something I don't? By the way it was not a major accident and there was little damage to their car, the person said they were fine and refused to go to the hospital.

  2. #2
    Join Date
    Sep 2010
    Posts
    9,890

    Default Re: Statute of Lim. Over but Still Sued by Powerful Attorney

    Powerful attorneys don't need to go begging for clients on TV.
    Report all the information to whoever was insuring you at the time.

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,650

    Default Re: Statute of Lim. Over but Still Sued by Powerful Attorney

    Kentucky has the following provision in its insurance law:
    Quote Quoting KRS 304.39-230 Limitations of actions.
    (1) If no basic or added reparation benefits have been paid for loss arising otherwise than from death, an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or added reparation benefits have been paid for loss arising otherwise than from death, an action for further benefits, other than survivor's benefits, by either the same or another claimant, may be commenced not later than two (2) years after the last payment of benefits.

    (2) If no basic or added reparation benefits have been paid to the decedent or his survivors, an action for survivor's benefits may be commenced not later than one (1) year after the death or four (4) years after the accident from which death results, whichever is earlier. If survivor's benefits have been paid to any survivor, an action for further survivor's benefits by either the same or another claimant may be commenced not later than two (2) years after the last payment of benefits. If basic or added reparation benefits have been paid for loss suffered by an injured person before his death resulting from the injury, an action for survivor's benefits may be commenced not later than one (1) year after the death or four (4) years after the last payment of benefits, whichever is earlier.

    (3) If timely action for basic reparation benefits is commenced against a reparation obligor and benefits are denied because of a determination that the reparation obligor's coverage is not applicable to the claimant under the provisions on priority of applicability of basic reparation security, an action against the applicable reparation obligor or the assigned claims bureau may be commenced not later than sixty (60) days after the determination becomes final or the last date on which the action could otherwise have been commenced, whichever is later.

    (4) Except as subsections (1), (2), or (3) of this section prescribe a longer period, an action by a claimant on an assigned claim which has been timely presented may be commenced not later than sixty (60) days after the claimant received written notice of rejection of the claim by the reparation obligor to which it was assigned.

    (5) If a person entitled to basic or added reparation benefits is under legal disability when the right to bring an action for the benefits first accrues, the period of his disability is a part of the time limited for commencement of the action.

    (6) An action for tort liability not abolished by KRS 304.39-060 may be commenced not later than two (2) years after the injury, or the death, or the last basic or added reparation payment made by any reparation obligor, whichever later occurs.

  4. #4
    Join Date
    Dec 2010
    Posts
    1

    Default Re: Statute of Lim. Over but Still Sued by Powerful Attorney

    too long to read..

  5. #5
    Join Date
    Sep 2010
    Posts
    9,890

    Default Re: Statute of Lim. Over but Still Sued by Powerful Attorney

    Ahh... life is so hard that you might actually have to read the answers. Too taxed to read the thirty or so words that were emboldened in the excerpt that points out your deluded about the SOL which can run up to FOUR years past the accident.

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