Kentucky Second Amended Complaint - Improper Medical Treatment

State:
Multi-State
Control #:
US-PI-0296
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample personal injury complaint alleging that the negligent or deliberate acts of plaintiff's physical therapist while providing treatment to plaintiff caused plaintiff's injury.
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  • Preview Second Amended Complaint - Improper Medical Treatment
  • Preview Second Amended Complaint - Improper Medical Treatment
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FAQ

Time limits for most types of civil cases in Kentucky range from one to five years, while there is no limit for felonies committed in the Bluegrass State.

An amended complaint is a written revision of the original complaint filed by a plaintiff or petitioner. Rule 15 of the federal rules of civil procedure allows the plaintiff to amend their complaint one time within 21 days of serving the original complaint or at any point before the defendant answers the complaint.

Discovery Rule - Under the "discovery rule," the one year limitation period does not begin to run until the plaintiff discovers his or her injury. For this exception to apply, the injury must have been not immediately evident or discoverable with the exercise of reasonable diligence.

These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The ?clock" on claims starts ticking on either the date of the incident or the discovery of the harm.

There is no time limit for any felony. Cases for misdemeanors must be started within 1 year. If the victim of a misdemeanor sexual offense (under Kentucky Revised Statutes section 510.010 et seq.) is a minor at the time of the crime, the case must start within 5 years of the victim's 18th birthday.

The discovery rule prevents the statute of limitations from running until the plaintiff discovers, or has reason to discover, the cause of action. The discovery rule applies when the plaintiff did not discover ? and a reasonable person would not have discovered ? that they had suffered harm.

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Kentucky Second Amended Complaint - Improper Medical Treatment