Statute of Limitations

KY Statute of LimitationsThe 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

KRS Chapter 413: Limitation of Actions

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

Personal Injury

KRS 413.140(1)(a) – Action for injury to the plaintiff or his or her spouse, ward, child, servant or apprentice. This statute includes car accident cases.

KRS 413.140(1)(b) – Action for a personal injury by a company other than a hospital. This statute includes premises liability cases.

Professional Malpractice

KRS 413.245 – Action to recover damages for a medical professional’s failure to render services for a medical issue that should have been discovered.

Medical Negligence/Malpractice

KRS 413.140(1)(e) – Action against a licensed surgeon, dentist, physician or hospital. Medical negligence/malpractice lawsuits include birth injury and wrongful death.

Home Inspector

KRS 413.246(1) – Action against a licensed home inspector to recover damages for injuries and damages caused by the inspector’s negligence.

Two Years

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.

Five Years

Product Liability

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.

Seven Years

Deficient Construction

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.

Ten Years

No Specific Statutes

KRS 413.160 – All actions that do not have a specific statute fall into this category.

15 Years

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.