What Is the Personal Injury Statute of Limitations in Kentucky?

A personal injury statute of limitations is a law that sets a time limit on when a person can initiate legal proceedings after sustaining a personal injury. People who are interested in seeking compensation for personal injury must comply with it. 

Different states have different deadlines. If you need to file a personal injury lawsuit in Kentucky, you’ll have to understand Kentucky’s personal injury statute of limitations. This will ease your lawsuit-filing process and help you seek timely compensation.

Here are Kentucky’s personal injury statute of limitations that you should know about.

What Is the Deadline for Filing a Personal Injury Lawsuit in Kentucky?

You can refer to Kentucky’s personal injury statute of limitations in the Kentucky Revised Statutes section 413.140(1)(a). Under this law, the standard time limit for filing a personal injury lawsuit in the state is one year from the date of injury.

During this period, you can seek civil remedy (damages) in the state’s civil court after most personal injuries that are caused by someone else.

This deadline applies to personal injury lawsuits that fall under the liability principle of “negligence” and “intentional torts.” Negligence is applicable to claims filed due to mishaps like slip-and-fall incidents while intentional torts include civil cases that involve assault.

What Are the Exceptions to Kentucky’s Personal Injury Statute of Limitations?

In many instances, the complainant often doesn’t immediately realize that they have been injured. So, the clock for the personal injury statute of limitations is set in motion only after the discovery of the injury. This effectively extends the deadline for filing the lawsuit.

In addition, you can extend the statute of limitations in the following scenarios:

Date of Discovery

Sometimes, a personal injury is only discovered much later. For example, if a surgeon forgets a surgical tool inside a patient’s abdomen, the complainant may not find out about it until they begin manifesting physical symptoms. In such cases of medical malpractice, the patient may have one year from the date of discovery to file a case.

Medical Care

Another exception to the statute is when an injured party remains under the care of a negligent doctor. In this case, the doctor may hide their negligence for a longer time. When this happens, the clock usually doesn’t start until the patient is no longer under the active care of the doctor.

Minors and Legally Incapacitated Persons

If the injured party is legally incapacitated (of unsound mind) or a minor at the time of the incident, they are also exempt from the one-year deadline. They can typically file a personal injury lawsuit in Kentucky one year from the date they turn 18 years old or are no longer incapacitated.

Motor Vehicle Reparations Act

Most personal injury cases in Kentucky are motor vehicle-related. These cases fall under a separate statute called the 1975 Motor Vehicle Reparations Act (MVRA) or the No-Fault Law.

This act provides the complainant with up to two years to file a case. The two-year countdown starts on the date when the last personal injury protection (PIP) payment was issued. In cases where no PIP payments have been made, the count starts on the date of the personal injury. Complainants then have two years to file a case from that date.

Loss of Consortium

If a victim suffers a severe injury or death, their parent, minor child, or spouse can file a case for loss of consortium. This basically acknowledges the loss of affection and love between the victim and their family member. Such cases usually have a deadline of one year.

Absence

If a defendant is absent from Kentucky or conceals themselves in the state after an accident but before the filing of the case, the statute allows for an extension in the filing date. The period of absence or concealment usually isn’t considered part of the filing period.

What Happens if You Miss the Filing Deadline?

If your personal injury lawsuit was filed in Kentucky after the stipulated deadline, the defendant can request the court to dismiss it on this basis. If the above exceptions don’t apply to your case, the court will grant the dismissal.



So, it is important to start the filing process immediately upon discovery of the injury. This gives you leverage in the negotiations for the personal injury settlement with the defendant and their insurer.

What To Consider When Choosing a Kentucky Personal Injury Lawyer

Contacting a personal injury lawyer promptly after an accident is crucial for building a solid case without haste. When choosing a personal injury lawyer in Kentucky, make sure the lawyer listens to you attentively. They must also have enough time for your case. Moreover, the lawyer should have experience in handling cases like yours.



You must also have a good rapport so you feel comfortable talking about your case with them.

Draw up a list of good lawyers and research each candidate carefully. Book a consultation to vet them and share the details of the incident that caused the personal injury.

During your consultation, make sure to go over the following points: 

• Was the lawyer recommended by a family member, friend, or the Kentucky Bar Association?
• What are the lawyer’s background and educational qualifications?
• What is the lawyer’s specialty?
• Does the lawyer have experience in handling your type of case?
• Does the lawyer have experience with your local court?
• What are their legal strategies?
• How do they run their legal practice?
• How do they communicate with their clients?
• What is their average response time?
• What is their fee schedule?
• How is their personality?

It is important to find a good personal injury lawyer in Kentucky who has enough experience, time, and strategies up their sleeve. This will help you file a claim for your personal injury and receive compensation.

Conclusion

When filing a personal injury claim in Kentucky, go through your state’s personal injury statute of limitations. It will keep you in good stead as you file your case and avoid costly errors.

We can also help you file a personal injury case in Kentucky quickly and easily. We will guide you every step of the way and help you seek a civil remedy within the stipulated timeline. Get in touch with our team of experienced lawyers to book a consultation. Or, head to our website to know more about us and our services.