Personal Injury Statutes of Limitation

Kentucky Personal Injury Attorney
If you have been injured in an accident, get an attorney as soon as possible. Statutes of Limitations may apply.

Statutes of Limitations (laws prescribing time limits to bring legal actions) apply variably in personal injury cases depending on the facts of your case, claims you are making, date of your injury, location of your injury, when you discovered an injury and other factors. Get a lawyer as soon as possible when you are injured to secure evidence and timely request damages.

The default Statute of Limitations (S.O.L. or SOL) in most personal injury and death claims in Kentucky is 1 (one) year from the date of injury. See Kentucky Revised Statutes 413.140. The general statute might possibly be tolled (resulting in extension of time) by certain discovery rules or the Fraudulent Concealment Rule, but counsel is wise to avoid the need for additional time altogether. Applying the correct rules can be confusing. In Kentucky, statutes of limitation run from the date you discover, or in the exercise of reasonable diligence should have discovered, not only that you have been injured, but also, that the injury may have been caused by conduct of the defendant. See 37 S.W.3d 709 (2000).

In most Kentucky car accident cases, the Statute of Limitations expires 2 (two) years from the date of the accident, or 2 (two) years from the last PIP payment, whichever is later. For Kentucky wrongful death actions, claimants only have 1 (one) year from the date in which the estate's personal representative is appointed, and time cannot exceed 2 (two) years from the date of the decedent's death.

ONE YEAR: The 1 (one) year Kentucky Tort Statute of Limitations Applies to:

  • Abuse of Process, See 962 S.W.2d 392 (Ky. 1998).

  • Malicious Prosecution, Conspiracy, Arrest, Seduction, Criminal conversation, or Breach of promise of Marriage; See also 777 S.W.2d 891 (Ky. 1989).

  • Assault and Battery, See 39 S.W.3d 474 (Ky. Ct. App. 2001). (+ Emotional Distress)

  • All-Terrain Vehicle (ATV) Claims, See 977 S.W.2d 22 (Ky. Ct. App. 1998).

  • Kentucky Civil Rights Cases Under 42 U.S.C. §1983, 896 F.2d 179 (6th Cir. Ky. 1990).

  • Loss of Consortium, per K.R.S. §413.140.

  • Defamation/Libel/Slander, starting on date of publication, per K.R.S. §413.140(1)(d).

  • Dog Bites (Strict Liability), per K.R.S. §413.140.

  • An action against a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216, for negligence, malpractice or intentional or negligent infliction of emotional distress by a medical provider. See 371 S.W.3d 786 (2012).

  • Legal Malpractice (fixed, non-speculative and accruing after date of final appellate process) per KRS §413.245.

  • Product Liability Claims, See K.R.S. §413.140(1)(a).

  • Wrongful Death (and spousal consortium + pain/suffering of victim) accrues from date of death of injured person. SOL is 1 (one) year from the appointment of the personal representative, not to exceed two years from date of death KRS 413.180), including Board of Claims cases. 161 S.W.3d 345 (2004).

FIVE YEARS: In Kentucky, you may have 5 (five) years to sue for: