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Kentucky injury deadlines in one place: 1-year injury rule, 2-year car crash rule, wrongful death, med-mal, minors and claims against government.
Reviewed by Larry Forman, Attorney
Kentucky gives injured people less time to file a lawsuit than most people expect. For many injuries the deadline is one year. Car and truck crashes usually get two years, but that clock can start earlier or later than you might think.
Miss the deadline and the court will almost always dismiss the case, no matter how strong it is. The deadline is called the statute of limitations. Insurance companies know it well, and they have no reason to remind you.
This guide collects the Kentucky deadlines that matter most in injury cases. Each one is tied to the actual statute so you can check it yourself. Every case has its own facts, though, so use this page to see how urgent your situation is. It can’t tell you the exact date your own claim expires.
| Type of claim | Usual deadline | When the clock usually starts | Law |
|---|---|---|---|
| Most personal injury claims (falls, dog bites, unsafe property, many other injuries) | 1 year | When the claim accrues, usually the injury date | KRS 413.140(1)(a) |
| Injury from a motor vehicle crash (car, truck, motorcycle, pedestrian struck by a vehicle) | 2 years | The injury, the death, or the last PIP or added reparation payment, whichever is later | KRS 304.39-230(6) |
| Suing your own insurer for unpaid PIP (no-fault) benefits | 2 years after the last benefit payment. If nothing was paid: 2 years after the loss and its cause are known, but no later than 4 years after the accident | See left | KRS 304.39-230(1) |
| Wrongful death (not from a vehicle crash) | Generally 1 year after the personal representative is appointed. If no one is appointed within a year of the death, the law treats the appointment as happening at the one-year mark | Appointment of the estate’s personal representative | KRS 413.180; Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992) |
| Wrongful death caused by a motor vehicle crash | 2 years | The death or the last PIP payment, whichever is later | KRS 304.39-230(6) |
| Damage to a vehicle or other personal property | 2 years | When the claim accrues | KRS 413.125 |
| Medical malpractice (physician, surgeon, dentist, licensed hospital) | 1 year from when the injury was discovered or reasonably should have been, and never more than 5 years after the negligent act | Discovery | KRS 413.140(1)(e) and (2) |
| Claims against the Commonwealth or a state agency (Board of Claims) | 1 year. For personal injury, accrual is on discovery, but no later than 2 years after the negligent act | See left | KRS 49.120 |
| Injury from a defective city street, sidewalk, bridge or alley | Written notice within 90 days to the mayor, city clerk or clerk of the board of aldermen, in addition to the lawsuit deadline | The date of the injury | KRS 411.110 |
| Claims against the federal government | Written claim to the agency within 2 years. Suit within 6 months after a mailed final denial | Accrual | 28 U.S.C. § 2401(b) |
| Childhood sexual abuse or assault (civil claim) | 10 years after the victim turns 18 | The 18th birthday | KRS 413.249(2) |
| Injury from a defect in a building or other improvement to real property | Generally barred 7 years after substantial completion (8 at most if the injury happens in year 7) | Substantial completion | KRS 413.135 |
| Injured person was a minor or of unsound mind when the claim arose | For claims covered by KRS 413.090 to 413.160, the clock generally waits until the disability ends, then runs the normal period | Removal of the disability (for a minor, age 18) | KRS 413.170(1) |
Statutes checked against the Kentucky Legislative Research Commission’s official KRS database on October 7, 2026.
Kentucky’s basic injury statute is short. KRS 413.140(1)(a) says an action “for an injury to the person of the plaintiff” must be started “within one (1) year after the cause of action accrued.”
That one-year rule covers a wide range of cases:
One year goes by quickly when you’re still in treatment. Many people are still seeing doctors when the deadline arrives. That’s one reason to talk with a lawyer early, even before you know how your recovery will go.
Kentucky’s no-fault law, the Motor Vehicle Reparations Act (MVRA), has its own deadline for crash lawsuits. Under KRS 304.39-230(6), a tort action that the no-fault law does not abolish “may be commenced not later than two (2) years after the injury, or the death, or the date of issuance of the last basic or added reparation payment made by any reparation obligor, whichever later occurs.”
In plain terms: you generally have two years from the crash. If PIP (no-fault) benefits were paid, you have two years from the date the last PIP check was issued, if that date is later.
A few details matter:
This is the deadline that applies to most cases handled by our car crash, truck wreck and motorcycle wreck teams.
Be careful with other defendants. A crash case can involve someone other than a driver, like a road contractor, a parts maker, or a business that served alcohol. Courts don’t always agree that the two-year MVRA rule covers those claims. Some may fall under the one-year rule instead. When more than one party could be at fault, the safest plan is to work from the earliest possible deadline.
For more on how PIP works, see our guide to Kentucky no-fault insurance and PIP benefits.
Your claim against the at-fault driver is separate from your claim for PIP benefits from the insurer that owes them. PIP benefits have their own time limits in KRS 304.39-230(1):
Kentucky’s standard PIP limit is $10,000 per person per accident under KRS 304.39-020. Insurers must generally pay within 30 days after they receive reasonable proof of the loss, or the benefits are overdue (KRS 304.39-210).
When someone dies because of another person’s negligence, Kentucky’s wrongful death statute, KRS 411.130, says the case “shall be prosecuted by the personal representative of the deceased.” That’s the person the probate court appoints to handle the estate. The timing therefore depends partly on when that appointment happens.
Deaths not caused by a vehicle crash. KRS 413.180 gives a personal representative one year after being appointed to file. The Kentucky Supreme Court applied that statute to wrongful death claims in Conner v. George W. Whitesides Co., 834 S.W.2d 652 (Ky. 1992). If more than a year passes between the death and the appointment, the statute treats the representative as appointed on the last day of that one-year period. In practice that means two years from the death at the outside.
Deaths caused by a motor vehicle crash. The MVRA deadline in KRS 304.39-230(6) runs two years from the death or the last PIP payment, whichever is later.
Families usually aren’t thinking about probate court in the weeks after a death, and that’s understandable. But appointing a personal representative early protects everyone’s options. Our wrongful death lawyers can explain the process, and our article on how Kentucky’s wrongful death law works and who can sue explains who receives any recovery.
Claims against “a physician, surgeon, dentist, or hospital licensed pursuant to KRS Chapter 216” also have a one-year deadline under KRS 413.140(1)(e). But subsection (2) changes when that year starts:
The discovery rule helps when a mistake doesn’t show up right away, like a missed diagnosis or a surgical error found months later. The five-year cap is firm, though.
Kentucky also requires a certificate of merit to be filed with most medical malpractice complaints. Under KRS 411.167, the certificate generally confirms that the claimant consulted a qualified expert who believes there is a reasonable basis for the case. Finding that expert takes time, which is one more reason not to wait. If you’re worried about a medical error, start by requesting your medical records, and see our medical malpractice page.
The Commonwealth of Kentucky and its agencies. Negligence claims against the state, its cabinets and agencies, or state employees acting within the scope of their jobs generally go to the Board of Claims, not regular court (KRS 49.060). Under KRS 49.120:
Board of Claims awards are capped at $250,000 per claim, or $400,000 total when one negligent act produces several claims (KRS 49.040). Awards are also reduced by certain other payments, such as workers’ compensation and some government or private benefit programs (KRS 49.130).
Cities: the 90-day notice rule. If a defect in a city “bridge, street, sidewalk, alley or other public thoroughfare” injured you, KRS 411.110 requires written notice to the mayor, city clerk or clerk of the board of aldermen within 90 days. The notice must state the time and place of the injury, its character and circumstances, and that you will claim damages. This notice is in addition to the lawsuit deadline, not a substitute for it.
Counties and Louisville Metro. Claims against local governments are governed partly by KRS 65.2001 to 65.2006. That law expressly preserves the governmental immunity of county governments. Whether and how a county or Louisville Metro Government can be sued depends heavily on the facts, so get advice quickly and give written notice early.
The federal government. If a federal employee caused the injury on the job, the claim generally goes through the Federal Tort Claims Act. Under 28 U.S.C. § 2401(b), a written claim must be presented to the federal agency within two years after it accrues. If the agency mails a final denial, suit must be filed within six months of that mailing.
“Tolling” means the clock is paused.
Minors and people of unsound mind. Under KRS 413.170(1), if the injured person was “an infant or of unsound mind” when the claim arose, the action can generally be brought within the normal period after the disability ends. For a child, that usually means after the 18th birthday. If someone has more than one disability, the clock doesn’t start until all of them are removed (KRS 413.280).
There are important limits:
Defendants who leave the state or hide. For claims covered by KRS 413.090 to 413.160, if the defendant was out of Kentucky when the claim arose, or absconds or conceals themselves to block the case, that time may not count against you (KRS 413.190).
Dram shop claims. Kentucky limits the liability of businesses that serve alcohol. Under KRS 413.241, a licensed seller is liable only if “a reasonable person under the same or similar circumstances should know that the person served is already intoxicated at the time of serving.” The statute doesn’t set a separate deadline. The one-year personal injury rule may apply, and the MVRA two-year rule may or may not apply when a crash is involved, so plan around one year. See our dram shop page.
Product liability. Product injury cases use the one-year personal injury deadline. Kentucky also has a presumption in KRS 411.310(1): a product is presumed not defective if the injury happened more than 5 years after the sale to the first consumer or more than 8 years after manufacture. That presumption is not a filing deadline, and evidence can overcome it, but it makes older-product cases harder.
Construction and building defects. KRS 413.135 generally bars claims against those who designed or built an improvement to real property more than 7 years after substantial completion. If the injury happens during year 7, suit must be filed within 1 year of the injury, and no more than 8 years after completion. This can matter in construction injury and building-collapse cases.
Childhood sexual abuse. A civil claim for childhood sexual assault or abuse must be brought within 10 years after the victim turns 18 (KRS 413.249(2)). The deadline also applies to claims against organizations whose negligence was a legal cause of the abuse. See our sexual abuse page.
Uninsured and underinsured motorist claims. A UM or UIM claim is a claim against your own auto policy. Many policies set their own deadlines and notice rules for these claims, and Kentucky courts have enforced some of them. Read your policy, and see our uninsured motorist and underinsured motorist pages.
In Kentucky, a lawsuit counts as started on “the date of the first summons or process issued in good faith from the court” (KRS 413.250). Sending a demand letter to an insurer does not count. Negotiating does not pause the clock. Even an adjuster’s promise to “work something out” does not extend the deadline.
The statute of limitations is the last possible day, not a target date. Building a strong case takes time:
For most personal injuries it’s one year from when the claim accrues, under KRS 413.140(1)(a). Injuries from motor vehicle crashes generally have two years under KRS 304.39-230(6), measured from the injury, the death or the last PIP payment, whichever is later.
Usually two years from the crash, or two years from the last PIP payment if that is later. Claims against parties other than a driver, or against the government, can have shorter or different deadlines.
No. Talks with an adjuster don’t pause or extend the statute of limitations. Only a properly filed lawsuit (or, for some government claims, a properly filed claim) protects your rights.
For many claims, KRS 413.170 pauses the clock until the child turns 18. That statute doesn’t clearly cover every claim, such as motor vehicle crash claims under the MVRA or Board of Claims cases. Don’t count on extra time for a child’s case without legal advice.
The defendant can ask the court to dismiss the case. Courts almost always grant that request, even when the claim is otherwise strong. Exceptions are narrow.
When the injury is discovered or reasonably should have been discovered. Even then, the case must be filed within five years of the negligent act (KRS 413.140(2)).
If you’re not sure which deadline applies to you, or you think one is getting close, contact us. We’ll review the dates in your case and tell you what needs to happen next. Larry Forman has tried 50+ jury trials. Start with a free case evaluation or call 502-931-6788.
You can also browse the Resource Center or our personal injury FAQ.
This page is general information about Kentucky law. It is not legal advice, and reading it does not create an attorney-client relationship. Deadlines depend on the facts of each case and can change when the law changes.
