Kentucky · Personal Injury Statute of Limitations

How long do you have to file a personal injury lawsuit in Kentucky?

Kentucky gives you 1 year from the date of injury to file a personal injury lawsuit under Ky. Rev. Stat. § 413.140.

Updated 2026-05-22 · See all 50 states

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Key facts: Kentucky

Personal injury deadline
1 year
Ky. Rev. Stat. § 413.140 →
Wrongful death deadline
1 year
Ky. Rev. Stat. § 413.180 →
When the clock starts
Generally the date of injury for personal injury claims; the date of death for wrongful death. Kentucky follows the discovery rule for most negligence claims, which delays accrual when the injury was not, or could not reasonably have been, discovered at the time.
Last verified
2026-05-22
Source type
Primary (state code or court opinion)

Details and exceptions for Kentucky

One-year deadline for PI under KRS § 413.140, but motor vehicle accident claims get two years under KRS § 304.39-230 (from accident date or last PIP payment, whichever is later). Wrongful death runs one year from appointment of the personal representative.

Related: Kentucky comparative negligence rule

Kentucky follows a pure comparative rule. Pure comparative negligence adopted in Hilen v. Hays (1984) and codified in KRS 411.182 (1988). Damages are reduced by the claimant’s share of fault with no percentage bar.

Read the full Kentucky comparative negligence rule →

This page is informational and does not constitute legal advice. Notice deadlines for claims against governmental units, medical malpractice, intentional torts, and other special categories run on separate tracks and can be much shorter. Confirm the controlling rule with a licensed Kentucky attorney before relying on it.

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Kentucky Statute of Limitations FAQ

How long do I have to file a personal injury lawsuit in Kentucky?

In Kentucky, the general personal injury statute of limitations is 1 year from the date of injury under Ky. Rev. Stat. § 413.140. One-year deadline for PI under KRS § 413.140, but motor vehicle accident claims get two years under KRS § 304.39-230 (from accident date or last PIP payment, whichever is later). Wrongful death runs one year from appointment of the personal representative.

Does Kentucky have a separate deadline for wrongful death?

Yes. Kentucky's wrongful death statute of limitations is 1 year under Ky. Rev. Stat. § 413.180. The clock typically begins on the date of death rather than the date of the underlying injury.

What happens if I miss the Kentucky personal injury deadline?

The court will almost certainly dismiss the lawsuit on a motion by the defendant, regardless of the strength of the underlying claim. Some exceptions can pause or extend the deadline, including the discovery rule, tolling for minors, and tolling while a defendant is out of state, but none are automatic. Talk to a Kentucky personal injury attorney before assuming a claim is barred.

What is Kentucky's comparative negligence rule?

Kentucky follows a pure comparative rule under Ky. Rev. Stat. § 411.182. Pure comparative negligence adopted in Hilen v. Hays (1984) and codified in KRS 411.182 (1988). Damages are reduced by the claimant’s share of fault with no percentage bar.

Where can I read the actual statute?

The controlling statute is Ky. Rev. Stat. § 413.140. The full text is available on the official Kentucky legislature website at https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=49037.

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