What are the statutory limits for the state of Kentucky?
Total Comments: 4
Posted: Tue May 14, 2013 01:08 am Post Subject:
That question makes no sense. Look up the word "Statutory". What you are referring it is written law as issued by the legislature.
Posted: Thu May 16, 2013 04:21 pm Post Subject:
Actually, it does not make "no sense". Every state has codified a set of statutes of limitations for tort and contract claims. As stolen from expertlaw.com ( http://www.expertlaw.com/library/limitations_by_state/Kentucky.html ):
If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Kentucky lawyer.
Professional Malpractice: Actions for professional negligence, including medical malpractice, must be commenced within one year of the date of the act or omission giving rise to the injury. In the event that the malpractice cannot reasonably be discovered within that time, the lawsuit may be filed at a later time not to exceed five years after the date of the act or omission giving rise to the injury.
Personal Injury: 1 year.
Fraud: 5 years.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 2 years.
Product Liability: 1 year.
Contracts: Written, 15 years; Oral, 5 years.
Statute of Limitations or Statute of Repose
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
Accrual of Claims
A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.
The Discovery Rule
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
Tolling of the Statute of Limitations
In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
Under Kentucky law, for unmarried minors, the statute of limitations begins to run when the minor turns eighteen. For married minors, the statute of limitations begins to run upon the date of marriage.
Posted: Fri May 17, 2013 12:02 am Post Subject:
Every state has codified a set of statutes of limitations for tort and contract claims
That is the Statute of Limitations.... not the " statutory limits" (which makes no sense). You could also guess the OP wants to know what the statutory policy limits for for KY (such as minimum liability limits).
Posted: Fri May 17, 2013 10:52 am Post Subject:
OK, I guess we're reading the question differently. Don't you just love ambiguities? But if your reading/interpretation is correct, it still does not make "no sense" . . . you could have responded:
Kentucky Auto Insurance Minimum Coverage Requirements
Posted: Tue May 14, 2013 01:08 am Post Subject:
That question makes no sense. Look up the word "Statutory". What you are referring it is written law as issued by the legislature.
Posted: Thu May 16, 2013 04:21 pm Post Subject:
Actually, it does not make "no sense". Every state has codified a set of statutes of limitations for tort and contract claims. As stolen from expertlaw.com ( http://www.expertlaw.com/library/limitations_by_state/Kentucky.html ):
If you wish to know how the statute of limitations applies to a specific situation, you should verify the statutory time period and its relevance to your situation with a qualified Kentucky lawyer.
Professional Malpractice: Actions for professional negligence, including medical malpractice, must be commenced within one year of the date of the act or omission giving rise to the injury. In the event that the malpractice cannot reasonably be discovered within that time, the lawsuit may be filed at a later time not to exceed five years after the date of the act or omission giving rise to the injury.
Personal Injury: 1 year.
Fraud: 5 years.
Libel / Slander / Defamation: 1 year.
Injury to Personal Property: 2 years.
Product Liability: 1 year.
Contracts: Written, 15 years; Oral, 5 years.
Statute of Limitations or Statute of Repose
A statute of repose is different from a statute of limitations, in that after the statutory period has expired it is not possible to file a lawsuit even if an injury occurs after that time. For example, if there is a twenty year statute of repose on the manufacture of aircraft, a claim cannot be filed against the manufacturer more than twenty years after the date of manufacture, even if a design or manufacturing defect is responsible for a later accident.
Accrual of Claims
A statute of limitations is said to start running at the time a claim accrues. Ordinarily, that is the time at which an injury is suffered.
The Discovery Rule
Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.
When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.
Tolling of the Statute of Limitations
In addition to late discovery, it may be possible to avoid the harsh result of a statute of limitation by arguing that the statute has been "tolled". When it is said that a statute is "tolled", it means that something has stopped the statute from running for a period of time. Typical reasons for tolling a statute of limitations include minority (the victim of the injury was a minor at the time the injury occurred), mental incompetence (the victim of the injury was not mentally competent at the time the injury occurred), and the defendant's bankruptcy (the "automatic stay" in bankruptcy ordinarily tolls the statute of limitations until such time as the bankruptcy is resolved or the stay is lifted).
Under Kentucky law, for unmarried minors, the statute of limitations begins to run when the minor turns eighteen. For married minors, the statute of limitations begins to run upon the date of marriage.
Posted: Fri May 17, 2013 12:02 am Post Subject:
Every state has codified a set of statutes of limitations for tort and contract claims
That is the Statute of Limitations.... not the " statutory limits" (which makes no sense). You could also guess the OP wants to know what the statutory policy limits for for KY (such as minimum liability limits).Posted: Fri May 17, 2013 10:52 am Post Subject:
OK, I guess we're reading the question differently. Don't you just love ambiguities? But if your reading/interpretation is correct, it still does not make "no sense" . . . you could have responded:
Kentucky Auto Insurance Minimum Coverage Requirements
Bodily Injury Liability: $25,000/$50,000 Limit
Property Damage Liability: $10,000 Limit
Personal Injury Protection: $10,000 Limit
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