Kentucky’s Statute of Limitations for Civil Lawsuits: A Quick Reference

One of the most critical questions in any civil case is: “How long do I have to file?” Miss the statute of limitations and your claim is dead — regardless of how strong it is. Kentucky’s limitations periods vary widely depending on the type of claim, and knowing the deadlines is essential to protecting your rights.

Common Kentucky Statutes of Limitation

Here’s a practical reference guide for the most common civil claims in Kentucky:

Personal injury (negligence): 1 year from the date of injury. KRS 413.140(1)(a). This is one of the shortest in the country, and it catches people off guard. If you’ve been injured in Kentucky, the clock is ticking immediately.

Motor vehicle accidents (with PIP insurance): 2 years from the date of the accident, or from the date the claimant’s basic reparation benefits are exhausted, whichever is later. KRS 304.39-230. Kentucky’s no-fault insurance system creates its own timeline that’s distinct from the general personal injury statute.

Medical malpractice: 1 year from the date of the act or from the date the injury is discovered (or should have been discovered), but no more than 5 years from the act. KRS 413.140(1)(e).

Wrongful death: 1 year from the appointment of the personal representative, or 2 years from the date of death, whichever is earlier. KRS 413.180.

Written contract: 15 years. KRS 413.090.

Oral contract: 5 years. KRS 413.120.

Fraud: 5 years from the date of the fraud, or from the date the fraud was discovered (or should have been discovered). KRS 413.120(12).

Property damage: 2 years. KRS 413.125.

Libel and slander: 1 year. KRS 413.140(1)(d).

Trespass: 5 years. KRS 413.120.

FLSA wage claims (federal): 2 years, or 3 years for willful violations. 29 U.S.C. § 255(a).

Important Caveats

Tolling. Certain circumstances can pause or “toll” the statute of limitations — including the plaintiff’s minority (being under 18), mental disability, or the defendant’s absence from the state. KRS 413.170, 413.190.

Discovery rule. For some claims, the limitations period doesn’t begin until the plaintiff knew or should have known about the injury. This is particularly relevant in fraud and medical malpractice cases.

Government claims. Claims against state and local governments often have shorter notice requirements and different procedures. Missing these deadlines can bar your claim even if the general statute of limitations hasn’t run.

This guide covers the most common situations, but every case has its own facts. If you’re unsure about your deadline, don’t guess — 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.