How Long Do I Have to File a Personal Injury Claim in Kentucky?

When it comes to personal injury claims in Kentucky, the law limits how long you have to pursue one. Here is a detailed overview of the time limits you must know.

General Personal Injury Claims

The statute of limitations is the law that sets a deadline for when you can file a lawsuit after an injury. Failing to do so within the timeframe can result in losing your right to seek compensation. Kentucky’s statute of limitations for most personal injury cases, such as slip and falls or other negligence-based injuries, is “one (1) year the cause of action accrued…” (Ky. Rev. Stat. § 413.140). This means you have only one year from the time the injury occurs to file a lawsuit in court. This is a relatively short deadline compared to other states, which makes it essential to act quickly.

Motor Vehicle Accidents

The statute of limitations for motor vehicle accidents, as outlined in Ky. Rev. Stat. § 304.39-230, requires any legal action to be filed within two years.

“If no basic or added reparation benefits have been paid…an action therefor may be commenced not later than two (2) years after the injured person suffers the loss and either knows, or in the exercise of reasonable diligence should know, that the loss was caused by the accident, or not later than four (4) years after the accident, whichever is earlier. If basic or added reparation benefits have been paid…an action for further benefits…may be commenced not later than two (2) years after the last payment of benefits.”

In other words:

No Reparation Benefits Paid

If no benefits have been paid, you have either two years from when you realized the loss was caused by the accident or four years from the date of the accident, whichever is earlier.

Reparation Benefits Paid

If benefits have been paid, you have two years from the date of the last payment to file a lawsuit seeking further benefits.

Medical Malpractice

The statute of limitations for medical malpractice cases in Kentucky is also one year under Ky. Rev. Stat. § 413.140(1)(e). However, the discovery rule may apply, which states that the one-year limitation period starts when the plaintiff (victim) discovers the injury, as long as it was not immediately apparent or couldn’t have been discovered through reasonable diligence.

Continuous Treatment

Additionally, the one-year limitation period is paused while ongoing treatment continues with the provider responsible for the alleged malpractice. However, this exception only applies to the specific provider and injury in question. For instance, ongoing treatment with a doctor would not extend the limitation period for a claim against a hospital where the injury occurred.

There is an overarching five-year limitation from the date of the act that caused the injury, meaning no claim can be filed after five years, regardless of when it was discovered. However, the Kentucky Supreme Court ruled that this provision is unconstitutional in McCollum v. Sisters of Charity of Nazareth Health Corp.

Wrongful Death

In the tragic event of a wrongful death, the statute of limitations in Kentucky is typically one year from the date of death. If the death resulted from medical malpractice, the one-year period may begin from the time the malpractice was discovered or should have been discovered, similar to injury malpractice claims. Additionally, under Ky. Rev. Stat. § 413.180(2), up to two years from the date of death is allotted if the decedent’s personal representative is appointed after one year from the date of death.

Tolling the Statute of Limitations

Special rules apply if the injured party is a minor or is legally incapacitated. For minors, the statute of limitations does not begin until they reach the age of 18, meaning they have one year from their 18th birthday to file a personal injury lawsuit. For those with legal disabilities, the statute of limitations may be tolled (paused) until the disability is resolved.