Deadlines to File an Injury Lawsuit in Kentucky

In general, a lawsuit for an injury to the person must be filed within one year after the cause of action accrued. For injuries from a motor vehicle accident covered by Kentucky's Motor Vehicle Reparations Act, a tort lawsuit may be filed within two years after the injury, the death, or the date of the last no-fault (basic or added reparation) benefit payment, whichever is later.

A lawsuit for taking, detaining or injuring personal property (for example, damage to a car) must be filed within two years from when the cause of action accrued.

A negligence or malpractice lawsuit against a physician, surgeon, dentist or licensed hospital must be filed within one year. The year starts when the injury is first discovered or reasonably should have been discovered, but the lawsuit must be filed no later than five years after the negligent act or omission.

The wrongful death statute itself does not state a filing deadline. Kentucky's one-year limit for personal injury actions applies to actions listed in KRS 413.090 to 413.160, and when a person dies, the personal representative may sue within one year after being appointed (qualified); if more than a year passes between the death and the appointment, the representative is treated as appointed on the last day of that one-year period. For deaths from motor vehicle accidents, the Motor Vehicle Reparations Act allows a tort action within two years after the death or the last no-fault benefit payment, whichever is later.

Negligence claims against the state and its agencies go to the Board of Claims, which has exclusive jurisdiction. Claims must be filed with the board within one year after the claim accrues (for personal injury, from when the injury was or should have been discovered, but no later than two years after the negligent act; for medical malpractice, no later than three years). An award may not exceed $250,000 per claim, or $400,000 total for multiple claims from a single act of negligence. For lawsuits against a city over a defective street, sidewalk, bridge or other public way, written notice must be given to the mayor or city clerk within 90 days of the incident. Damages against local governments are reduced by the percentage of fault assigned to others; no separate dollar cap is stated.