In 2009 the Kentucky Supreme Court substantially revised the Kentucky Rules of Professional Conduct.
Articles in this index written before 2009 citing Kentucky Rules of Professional Conduct must be checked for any changes to the rule cited.

Beware of the Statute of Limitations in Personal Injury Cases When the Injury Occurs Outside Kentucky

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In the article "Where Did You Say The Accident Happened?" Warren Savage of Lawyers Mutual Insurance Company of North Carolina gave North Carolina lawyers some pointers on risk managing statutes of limitation for personal injury claims that occur in states other than North Carolina.

Savage recommends that client intake forms require information that addresses whether the case may have an out-of-state statute of limitations. Specifically, the intake form should cover the:

  • State in which the accident occurred.
  • Identity and residence of the tortfeasor.
  • Jurisdiction where the complaint will be filed if necessary.
  • Statute of limitations that will apply to the claim.

Savage concludes with the advice that "the attorney who has ultimate responsibility for filing a complaint review the gathered information and make an immediate determination of the proper statute of limitations that is then properly docketed."

We heartily concur with Mr. Savage’s excellent risk management advice.

 


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Disclaimer: The contents of this Web site are intended for general information purposes only and should not be construed as legal advice or legal opinion on any specific facts or circumstances. It is not the intent of this Web site to establish an attorney’s standard of due care for a particular situation. Rather, it is our intent to advise our policyholders to act in a manner which may be well above the standard of due care in order to avoid claims having merit, as well as those without merit. In the event any statement on the Web site differs from a statement in an issued policy the policy will control.

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