Personal Injury Statute of Limitations in Kentucky
Last verified 2026-07 · Source: Ky. Rev. Stat. § 413.140(1)(a) ✓ verified · 3 sources
The deadline
1 year
from Date of injury; discovery rule applies in limited circumstances, under Ky. Rev. Stat. § 413.140(1)(a).
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The deadline to file a personal injury lawsuit in Kentucky is 1 year, set by Ky. Rev. Stat. § 413.140(1)(a). It starts running on Date of injury; discovery rule applies in limited circumstances. This page covers the exceptions, the government-claim trap, and the steps to take before time runs out.
Kentucky Deadlines for Related Claims
| Claim type | Deadline | Statute |
|---|---|---|
| Personal Injury | 1 year | Ky. Rev. Stat. § 413.140(1)(a) |
| Car Accident | 2 yrs | Ky. Rev. Stat. § 304.39-230(6) |
| Credit Card Debt | 5 yrs | KRS § 413.120 |
| Medical Malpractice | 1 yr | KRS 413.140(1)(e), (2) |
| Wrongful Death | 1 yr | KRS § 411.130; KRS § 413.180 |
| Dog Bite | 1 yr | KRS § 258.235(4) |
| Slip and Fall | 1 yr | Ky. Rev. Stat. Ann. § 413.140(1)(a) |
| Defamation | 1 yr | KRS § 413.140(1)(d) |
| Breach of Contract | 10 yrs | KRS 413.160 |
| Medical Debt | 10 yrs | KRS § 413.160 |
When the Clock Starts
In Kentucky, the limitations period for personal injury lawsuits generally begins on Date of injury; discovery rule applies in limited circumstances. Kentucky recognizes a discovery rule for this claim type: Kentucky applies a discovery rule in certain cases; the 1-year SOL begins when the plaintiff knew or reasonably should have discovered the injury and its wrongful cause
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Exceptions That Can Extend the Deadline
- Minors: the clock is generally paused while the injured person is under 18.
- Fraudulent concealment: if the defendant actively hid the wrongdoing, the deadline may be extended until it was or should have been uncovered.
- Defendant leaves the state: absence can pause the clock in many circumstances.
- Government-claim trap: Claims against the Commonwealth filed with the Board of Claims (KRS 44.070 et seq.); local government entity notice requirements vary by jurisdiction
- Damage caps: No statutory cap on compensatory damages in general personal injury cases; Kentucky Constitution § 54 has been interpreted to restrict legislative caps on damages
Pure comparative fault (adopted by Kentucky Supreme Court in Hilen v. Hays, 1984). Kentucky has one of the shortest general personal injury SOL periods in the country. Note: motor vehicle accident claims follow a separate 2-year SOL under KRS 304.39-230 (no-fault framework). The July 15, 2026 amended version of KRS 413.140 retains the 1-year deadline.
Source: Ky. Rev. Stat. § 413.140(1)(a), official Kentucky statute · verified 2026-07
What to Do Before the Deadline Runs
- Pin down your accrual date — the day the clock started — and calendar the deadline conservatively.
- Preserve evidence now: photos, records, witness contacts, bills. Evidence decays faster than deadlines.
- Send preservation/notice letters where required (especially for Kentucky government defendants).
- If the deadline is inside 6 months, treat it as urgent — filing suit is the only reliable way to stop the clock.
How Kentucky Compares to Nearby States
| State | Deadline | Statute |
|---|---|---|
| Kentucky | 1 year | Ky. Rev. Stat. § 413.140(1)(a) |
| Illinois | 2 yrs | 735 Ill. Comp. Stat. § 5/13-202 |
| Indiana | 2 yrs | Ind. Code § 34-11-2-4(a)(1) |
| Ohio | 2 yrs | Ohio Rev. Code Ann. § 2305.10(A) |
| West Virginia | 2 yrs | W. Va. Code § 55-2-12(b) |
| Virginia | 2 yrs | Va. Code Ann. § 8.01-243(A) |
| Tennessee | 1 yr | Tenn. Code Ann. § 28-3-104(a)(1) |
| Missouri | 5 yrs | Mo. Rev. Stat. § 516.120(4) |
Frequently Asked Questions
How long do I have to file a personal injury lawsuit in Kentucky?
You have 1 year from Date of injury; discovery rule applies in limited circumstances, under Ky. Rev. Stat. § 413.140(1)(a).
Can I still sue after 1 years in Kentucky?
Usually no — courts dismiss claims filed after the statute of limitations expires. Narrow exceptions (the discovery rule, tolling for minors, fraudulent concealment) can extend the deadline; whether one applies depends on your facts.
Does the discovery rule apply to personal injury lawsuits in Kentucky?
Yes. Kentucky applies a discovery rule in certain cases; the 1-year SOL begins when the plaintiff knew or reasonably should have discovered the injury and its wrongful cause
What if the victim was a minor?
Kentucky generally pauses ("tolls") the deadline while the injured person is under 18, giving them time to file after reaching adulthood. Special limits can still apply, so check the statute.
Is the deadline different for claims against the government?
Claims against the Commonwealth filed with the Board of Claims (KRS 44.070 et seq.); local government entity notice requirements vary by jurisdiction
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Sources
- Official KRS 413.140 – Actions to be brought within one year (Kentucky Legislature, eff. July 15, 2026)
- Corroborating Kentucky Personal Injury Statute of Limitations – Nolo
- Corroborating Kentucky Civil Statute of Limitations Laws – FindLaw
- Verified 2026-07 under our 4-step process — every line checked against the sources above. How we verify
This page is legal information, not legal advice. Deadlines have exceptions that depend on your facts — confirm with a licensed Kentucky attorney.