What you should know: your child was in the car during an accident
One of the most important legal deadlines following a car accident is the statute of limitations. This law sets the strict time limit within which an injured person must file a lawsuit. Missing this deadline can mean losing the right to recover compensation—no matter how strong the case is.
For most auto accident claims in Kentucky, the statute of limitations is two years from the date of the accident or the last payment of Personal Injury Protection (PIP) benefits, whichever is later. This applies to both personal injury and property damage claims that result from a motor vehicle collision. After this date passes, courts will almost never allow a lawsuit to proceed. However, the law recognizes that not everyone is equally able to protect their rights. That’s where the tolling provision comes in.
Why Statutes of Limitations Toll for Minors
“Tolling” means pausing or delaying the running of the statute of limitations clock. In Kentucky, when the injured person is a minor (under 18 years old), the statute of limitations for their injury claim is tolled until they reach adulthood. In other words, the two-year clock does not start ticking until the minor turns 18.
The reasoning behind this rule is simple but powerful: children cannot legally file a lawsuit on their own, nor should they be penalized for the delay that comes from their legal incapacity. The law gives them time to mature, heal, and have a fair opportunity—through their parents, guardians, or upon reaching adulthood—to pursue justice.
That said, it’s almost NEVER wise to wait until a child turns 18 before taking action. Crucial evidence—like eyewitness accounts, surveillance footage, or crash scene data—can vanish over time.
By consulting an experienced attorney at Ward & Simms, PLLC as quickly as possible, we can preserve vital evidence, secure medical records, and explore settlement options long before the statute becomes an obstacle.
Protecting a Child’s Future After an Auto Accident Children injured in auto accidents often face unique challenges: long-term medical care, developmental setbacks, and lasting emotional trauma. As Kentucky car accident attorneys who focus on child injuries, our job is to ensure those children and their families receive the full financial and medical support they need—not just now, but for the future as well.
If your child has been injured in a car accident, don’t wait to understand your rights. Even though Kentucky law gives minors special protection through the tolling rule, early legal action can make all the difference in the outcome. Our Attorneys Greg Simms and JP Ward have spent careers helping Kentucky families navigate the legal system after serious injuries.
We understand how complex—and heartbreaking—these cases can be when a child is involved. Let’s make sure your family’s rights are protected from day one. Call Ward & Simms, PLLC today at 502.654.9977 for a free consultation, and let’s start building the recovery your child deserves.
