How Long Do I Have to File a Personal Injury Lawsuit in Kentucky?
Kentucky has one of the shortest statutes of limitation for personal injury claims in the entire country. If you’ve been injured due to someone else’s negligence, understanding your filing deadline is critical — because once the clock runs out, your claim is gone forever, no matter how serious your injuries are.
The General Rule: One Year
Under KRS 413.140(1)(a), the statute of limitations for a personal injury claim in Kentucky is one year from the date of the injury. That’s significantly shorter than most states, where the typical deadline is two or three years. Many people are shocked to learn this, and unfortunately, some learn it too late.
Motor Vehicle Accidents: A Different Rule
Kentucky’s no-fault insurance system creates a different timeline for car accident cases. Under KRS 304.39-230, a tort action arising out of a motor vehicle accident must be brought within two years from the date of the accident, or within two years from the date the injured person’s basic reparation benefits (PIP benefits) are exhausted, whichever is later. This means most car accident injury claims have an effective deadline of two years — but the calculation can be more complex depending on your PIP coverage and when benefits were exhausted.
Other Important Deadlines
Medical malpractice: One year from the date of the act, omission, or neglect — or one year from the date the injury was discovered or should have been discovered. But in no event more than five years from the act. KRS 413.140(1)(e).
Wrongful death: The earlier of one year from the appointment of the personal representative or two years from the date of death. KRS 413.180.
Product liability: Generally one year from the date of injury, though the discovery rule may apply in some cases.
Exceptions That May Extend the Deadline
Certain circumstances can toll (pause) the statute of limitations. If the injured person is a minor (under 18), the statute generally doesn’t begin to run until they reach the age of majority. KRS 413.170. Mental disability at the time of the injury can also toll the statute. And if the defendant leaves Kentucky after the cause of action accrues, the time they’re absent may not count against the limitations period. KRS 413.190.
If you’ve been injured, don’t wait to find out whether your claim is still viable. Call me at (859) 225-9540 or use the contact form.
Joseph D. Buckles is a civil litigation attorney at Buckles Law Office, PLLC in Lexington, Kentucky.
