Kentucky Personal Injury Statute of Limitations

The Statute of limitations is the deadline for filing a personal injury lawsuit in court. In Kentucky, missing this deadline almost always means the claim is permanently barred — no matter how strong the evidence, how severe the injury, or how clear the defendant's fault.

The general personal injury statute of limitations in Kentucky is 1 year from the date of injury. This covers negligence claims arising from car accidents, slip and falls, defective products, and other incidents causing bodily harm.

One year for personal injury, false imprisonment, malicious prosecution, and similar torts. One of the shortest SOLs in the country.

Wrongful death claims must be filed within 1 year of the date of death — not the date of the negligent act that ultimately caused death. One year from date of death under the same general limitations statute.

Medical malpractice claims in Kentucky have specific deadline rules that may differ from the general personal injury statute.

1 year from date of injury or discovery; absolute 5-year outer limit (§413.140(2)). No damage caps for medical malpractice in Kentucky. No pre-suit requirements.

Kentucky recognizes a discovery rule — the statute of limitations may start when the injury was discovered (or should have been discovered through reasonable diligence) rather than when the negligent act occurred.

This is particularly important in cases where injuries are not immediately apparent: medical malpractice (a foreign object left during surgery), toxic exposure, or defective products that cause progressive harm.

Discovery rule applied by case law: SOL runs from date the injury is discovered or should have been discovered.

A statute of repose sets an absolute outer deadline — it cannot be extended by the discovery rule, tolling, or any other exception. In Kentucky, the repose period is 5 years from the date of the act or omission.

Medical malpractice: SOL is 1 year from date of injury or 1 year from discovery, but no more than 5 years from the date of act or omission under KRS § 413.140(2).

Certain circumstances may pause (toll) the statute of limitations, effectively extending the filing deadline:

• Minority — if the injured person is under 18, the statute of limitations is typically tolled until they reach the age of majority. A parent or guardian can file on the minor's behalf before then.
• Mental incapacity — if the injured person is mentally incapacitated at the time of injury, the clock may not start until capacity is restored
• Defendant absence from the state — if the defendant leaves Kentucky, the time away may not count toward the limitations period
• Fraudulent concealment — if the defendant actively concealed the injury or the cause of harm, the clock may be tolled until discovery

Claims against Kentucky government entities have separate, shorter notice requirements that must be satisfied before a lawsuit can be filed: Written notice within 1 year to the Finance and Administration Cabinet for State claims. Local government notice requirements vary.

Kentucky Board of Claims Act ([KRS § 49.040 et seq.]). Claims against the Commonwealth heard exclusively by Board of Claims.