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:
Oral Contracts, per K.R.S. §413.120
Negligent Insurance Agent based on Agency Relationship, per 712 S.W.2d 349 (Ky. Ct. App . 1986).
Civil Rights Discrimination by the Government, 28 U.S.C. § 1981, K.R.S. §413.120(2), 762 S.W.2d 809 (Ky. Ct. App. 1988)
Intentional or Negligent Infliction of Emotional Distress (not against a medical provider), per K.R.S. §413.120(7), 371 S.W.3d 786 (2012).
Common law indemnity (runs from when payment is made to injured party, not from when tort occurs), See 27 S.W.3d 775 (Ky. 2000) and 566 S.W.2d 171 (1977).
An action upon a contract not in writing, express or implied.
An action upon a liability created by statute, when no other time is fixed by the statute creating the liability.
An action for a penalty or forfeiture when no time is fixed by the statute prescribing it. (4) An action for trespass on real or personal property.
An action for the profits of or damages for withholding real or personal property. (6) An action for an injury to the rights of the plaintiff, not arising on contract and not otherwise enumerated.
An action upon a bill of exchange, check, draft or order, or any endorsement thereof, or upon a promissory note, placed upon the footing of a bill of exchange. (8) An action to enforce the liability of a steamboat or other vessel.
An action upon a merchant's account for goods sold and delivered, or any article charged in such store account.
An action upon an account concerning the trade of merchandise, between merchant and merchant or their agents.
An action for relief or damages on the ground of fraud or mistake.
An action to enforce the liability of bail. (13) An action for personal injuries suffered by any person against the builder of a home or other improvements. This cause of action shall be deemed to accrue at the time of original occupancy of the improvements which the builder caused to be erected.
TEN YEARS: You may have 10 (ten) years to sue in Kentucky for:
Written Contracts Executed after 7/15/2014, per K.R.S. §413.160 and 413.090(2).
In Florida, a negligence action must be brought within 4 (four) years (the standard time limit) for negligence-based personal injury lawsuits, typically running from the date of the injury incident. See Florida Statutes section 95.11(3)(a). Most civil injury lawsuits are considered "negligence" lawsuits in Florida. However, other timelines may apply.
In both Kentucky and Florida, car accidents involve "PIP", personal injury protection. insurance policies under a a no-fault system. Thus, most car insurance providers will pay an injured (their insured) person compensation for out-of-pocket losses, such as medical expenses or lost income, regardless of who was at fault for the accident. If the crash resulted in "serious injury", a liability claim may be made against the bad driver for damages beyond PIP coverage. It is important to get an attorney if you suffer permanent scarring, disfigurement, mental impairment or other serious injuries from a crash.
Plaintiffs and their lawyers are wise to use the most conservative (earliest) statute of limitations date to avoid missing a legal deadline.
Maggie Jo assists her clients in reducing the worry, inconvenience and stress associated with an unexpected injury. Online forms are available 24/7 for requesting legal review of your case at this link: https://www.maggiejo.com/consultationforms. Maggie Jo can assist you in determining your case value, weighing the facts and circumstances of your case, evaluating the severity of your injuries and reviewing limits on insurance coverage which may impact your recovery.
Maggie Jo is an experienced transactions, trial and appellate attorney, licensed in Kentucky & Florida with offices in Louisville, KY & Trinity, FL. Maggie Jo has been first and second-chair trial counsel in state and federal courts. As a former Assistant State Attorney (Florida 2006) and Assistant Appellate Public Defender (Florida 2013), she has worked on both sides of the courtroom to find justice. Maggie Jo has owned and operated a solo legal practice since 2008 and has provided counsel in civil and criminal cases to individuals and families, businesses and public officials.
For personal injury clients at the The Law Office of Maggie Jo Hilliard, there are no legal fees or costs unless your case is successfully settled or successfully litigated in a court of law. Contingency fee percentages may vary based on the stage of litigation or location of the injury occurrence. In no case may an attorney collect a percentage fee that is forbidden by a state bar association. Maggie Jo is licensed in two states, and will happily advise clients on fees and legal standards that may apply in their individual case. Maggie Jo cannot and will not advise any client regarding any case occurring outside Florida or Kentucky. However, Maggie Jo can provide referral and research assistance in locating a qualified attorney in your area.
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