Kentucky Statute of Limitations for Personal Injury
Kentucky law sets strict filing deadlines for every type of injury claim. Miss your window and the claim is permanently gone , regardless of how strong it is. Here are the deadlines that apply to your case.
In Kentucky, a personal injury claim that is not filed before the applicable statute of limitations expires is permanently barred , courts have no discretion to allow it regardless of the circumstances. KRS 413.140 governs most personal injury deadlines, including wrongful death. KRS 413.125 covers property damage. Motor vehicle PIP claimants have an additional rule: the clock doesn’t start until the last no-fault payment. There are also tolling exceptions , circumstances that pause the clock , for minors and persons under a disability.
Kentucky Personal Injury Deadlines at a Glance
| Claim Type | Deadline | Statute | Clock Starts |
|---|---|---|---|
| Personal injury (general)Slip and fall, assault, dog bite, premises liability | 1 year | KRS 413.140(1)(a) | Date of injury |
| Motor vehicle personal injuryCar, truck, motorcycle crashes | 2 years | KRS 304.39-230 | Date of crash OR last PIP payment , whichever is later |
| Wrongful deathFatal injury claims | 1 year | KRS 413.140(1)(a) | Date personal representative is appointed |
| Property damageVehicle damage, personal property | 2 years | KRS 413.125 | Date of damage |
| Medical malpracticeHealthcare provider negligence | 1 year | KRS 413.140(1)(e) | Date injury discovered or should have been discovered |
| Products liabilityDefective product injury | 1 year | KRS 413.140(1)(a) | Date of injury (discovery rule may apply) |
The Motor Vehicle Exception: How PIP Affects Your Deadline
Kentucky is a choice no-fault state. Under the Motor Vehicle Reparations Act, specifically KRS 304.39-230, the two-year statute of limitations for motor vehicle injury claims begins on the date of the accident or the date of the last PIP (Personal Injury Protection) payment , whichever is later. This creates a rolling window for claimants who continue receiving PIP benefits after the crash.
This exception is significant for seriously injured crash victims whose medical treatment , and therefore PIP payments , extends well past the accident date. However, do not rely on this exception without confirming exactly when your last PIP payment was made. The calculation can be complex and the deadline is unforgiving.
The Discovery Rule: When Does the Clock Start?
For most injury types, the statute of limitations starts when the injury occurs. But Kentucky courts have recognized a “discovery rule” exception in certain circumstances: the clock starts when the plaintiff discovered, or reasonably should have discovered, the injury and its cause. This most commonly applies in:
- Medical malpractice , latent injuries from surgical errors or misdiagnosis may not become apparent immediately
- Toxic exposure and occupational disease , diseases caused by asbestos, chemicals, or other workplace hazards with long latency periods
- Products liability , where the connection between a product and an injury wasn’t reasonably discoverable at the time of injury
The discovery rule does not apply to standard car accident or slip-and-fall claims where the injury and its cause are obvious at the time of the incident.
Tolling: When the Clock Pauses
Kentucky law allows the statute of limitations to be “tolled” , paused , in specific circumstances. The most significant:
Minors (KRS 413.170)
If the injured person is under 18 at the time of the injury, the statute of limitations is tolled until their 18th birthday. From that date, the standard limitation period begins to run. For a one-year personal injury claim, the minor has until their 19th birthday; for a two-year motor vehicle claim, until their 20th birthday. This does not apply to wrongful death claims on behalf of a minor’s estate , those are governed by the one-year rule from the personal representative’s appointment.
Mental Incapacity (KRS 413.170)
If the injured person is of unsound mind at the time of the injury, the statute of limitations is tolled until the disability is removed. Courts evaluate this on a case-by-case basis.
Why Filing Early Matters , Beyond the Deadline
The statute of limitations is the absolute last date to file. But waiting until close to the deadline creates serious problems:
- Surveillance footage from traffic cameras and businesses overwrites on 30–90 day loops
- Witness memories fade and witnesses become harder to locate
- Vehicle black box data may be overwritten or lost
- Medical records from treating providers may be archived or incomplete
- The defendant may have more time to secure favorable experienced opinions
The practical window for building a strong case is far shorter than the legal deadline.
Government Claims: Shorter Deadlines Apply
If your injury was caused by a Kentucky state agency, city, county, or government employee acting in their official capacity, you must comply with the Kentucky Board of Claims Act (KRS 44.070) or the relevant municipal notice requirements before filing suit. These deadlines are often as short as 90 days from the date of injury. Missing the notice requirement can bar your claim entirely, separate from the general statute of limitations.
Even if you’re inside your deadline, don’t wait. Our team starts preserving evidence immediately , before it’s gone. The sooner we get involved, the stronger your claim. Call us any time, 24/7. Average 10-minute call to qualify your case.
Frequently Asked Questions
What is the statute of limitations for a car accident in Kentucky?
Two years under KRS 304.39-230. The clock starts on the accident date or the date of the last PIP payment , whichever is later. Wrongful death claims from a car accident must be filed within one year of the personal representative’s appointment under KRS 413.140(1)(a). Property damage has a separate two-year deadline under KRS 413.125.
What happens if I miss the statute of limitations?
Your claim is permanently barred. Kentucky courts do not have discretion to allow a time-barred claim based on hardship, severity of injury, or any other factor (other than specific tolling exceptions for minors and mental incapacity). Missing the deadline means no recovery, regardless of how clearly the defendant was at fault.
How long do I have for a wrongful death claim in Kentucky?
One year from the date the personal representative of the estate is appointed , not necessarily one year from the date of death. Under KRS 413.140(1)(a), this is one of Kentucky’s shorter deadlines, and it starts from a date that may differ from when the family expects. Contact an attorney immediately after a fatal accident to understand this timeline.
Does the statute of limitations apply to children injured in accidents?
The clock is tolled for minors under KRS 413.170. The limitation period doesn’t begin running until the child’s 18th birthday. However, parents or guardians can file on behalf of a minor before that date. Filing promptly after the injury , rather than waiting until the child turns 18 , preserves evidence and often produces better outcomes.
Are there shorter deadlines for claims against the government?
Yes. Claims against Kentucky state agencies must comply with the Board of Claims Act (KRS 44.070). Municipal claims require notice within specific shorter windows , sometimes as little as 90 days. Missing these requirements can bar your claim even if you’re within the general statute of limitations. If a government entity was involved in your injury, contact an attorney immediately.
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