The statute of limitations refers to a law that sets the maximum amount of time an individual can wait before filing a lawsuit. That length of time varies depending on the type of claim or case being filed and which of the states it is filed in. If an individual neglects to file his or her claim or lawsuit within the statutory deadline, the right to make a claim or to sue has passed. That said, in a few instances, the statute of limitations may be extended.
Statute of Limitations in Kentucky
In Kentucky, a statute of limitations extension is possible if the plaintiff was under a disability or a minor at the time the incident occurred; however, once the plaintiff reaches the age of 18 years, the suit must be filed within the appropriate statute of limitations time frame (see KRS 413.170(1)). Another exception that can extend the period of a limitation is if the defendant was previously a resident of Kentucky and left the state or remained hidden until the limitation date passed to avoid a lawsuit. Once this individual returns to the state or is found, the statute of limitations period will begin again (see KRS 413.190).
Actions That Must be Filed Within One Year
KRS 413.140(1)(b) – Action for a personal injury by a company other than a hospital. This statute includes premises liability cases.
KRS 413.246(1) – Action against a licensed home inspector to recover damages for injuries and damages caused by the inspector’s negligence.
Personal Injury Due to Car Crash
KRS 304.39-230(6) – Action must be filed within two years of the death, injury or final basic or added reparation payment the obligor makes, whichever of these occurs last.
KRS 411.310(1) – There is an assumption that, until rebutted by a preponderance of the evidence, a product was not defective if the death, injury or property damage occurred more than five years after the purchase date of the first consumer or more than eight years past the manufacture date.
Personal Injury – Home Construction
KRS 413.120(14) – Action for injuries suffered against a builder or home improvement professional. Statute of limitations begins from the time an individual occupies the home or from the time the improvements were completed.
KRS 413.135(1) – Action for recovering damages arising from a deficient design, negligent planning, construction component, supervision, inspection or real property improvements. This statute of limitations includes wrongful death as well as personal injury.
No Specific Statutes
KRS 413.160 – All actions that do not have a specific statute fall into this category.
Enforcement of a Judgment
KRS 413.090(1) – An action upon a decree or judgment of any Kentucky court, other than federal or state.
The statute of limitations in Kentucky varies depending on the type of incident and the parties accused (hospital, physician, manufacturing company, etc.). If you or someone you love sustained injuries due to the negligence of another, contact our office today.