If you were hurt in Kentucky by someone else's conduct, you generally have only one year from the date of the injury to file a personal-injury lawsuit. The deadline comes from KRS 413.140(1)(a), and the clock starts on the date the harm occurred. Miss the window and the courthouse door closes, even if the underlying case is strong.
The one-year number is the rule most Kentucky injury searches return, and it is the shortest general PI SOL in the country along with Tennessee and Louisiana. The biggest layer on top: Kentucky is a no-fault auto-insurance state under the Motor Vehicle Reparations Act, KRS 304.39, which creates a Personal Injury Protection (PIP) regime that changes how the one-year SOL interacts with auto-related cases. This post walks through what the one-year SOL really means in 2026, where the exceptions are, and the fact patterns we see trip people up most.
The default Kentucky PI window: one year under KRS 413.140(1)(a)
KRS 413.140(1)(a) sets a one-year statute of limitations for actions for an injury to the person of the plaintiff. It is the catch-all for the vast majority of Kentucky PI cases: car crashes, slip-and-falls, dog bites, premises liability, and most negligence claims.
The clock starts on the date the injury occurred. Kentucky recognizes a discovery rule in narrow categories where the injury was not reasonably knowable at the time.
The one-year window is unusually short. By comparison, most states give two or three years for the same kind of claim. Kentucky plaintiffs who wait to see how an injury progresses before contacting an attorney routinely lose cases that would have been viable elsewhere.
Exception one: motor-vehicle cases and the Kentucky no-fault PIP extension
Kentucky is one of about a dozen no-fault auto-insurance states. Under the Motor Vehicle Reparations Act, KRS 304.39, every Kentucky auto policy includes Basic Reparation Benefits (BRB or PIP) of at least $10,000 per person, covering medical expenses, lost wages, and other economic losses regardless of fault.
The interaction with the SOL is critical: under KRS 304.39-230(6), the SOL for tort actions arising out of a motor-vehicle accident runs two years from the date of the accident or from the date of the last PIP payment, whichever is later. This effectively extends the one-year general SOL to two years for auto cases where PIP benefits are paid.
Kentucky also allows a claimant to formally reject no-fault under KRS 304.39-060(4), preserving traditional tort rights. The rejection must be in writing and filed before the accident, not after. Most Kentuckians do not reject, which means most auto cases run under the no-fault regime with the two-year SOL trigger from the last PIP payment.
Exception two: claims against Kentucky government entities
Claims against the Commonwealth of Kentucky generally must be presented to the Kentucky Board of Claims under KRS 49.070 et seq., which has its own filing rules and a one-year window from accrual for most negligence claims. The Commonwealth retains sovereign immunity under Section 231 of the Kentucky Constitution outside of the Board of Claims process.
Claims against counties and municipalities are governed by KRS 65.2001 et seq. (the Claims Against Local Governments Act). Notice requirements vary by entity and ordinance; some require notice within 90 days, others within six months. Verify the specific jurisdiction.
Exception three: medical malpractice
Medical-malpractice cases run under KRS 413.140(1)(e) and KRS 413.140(2): a one-year SOL from the date the cause of action accrued, with a discovery rule that runs from the date the injury was discovered or, in the exercise of reasonable diligence, should have been discovered. A five-year statute of repose caps the outside boundary under KRS 413.140(2).
There is no certificate-of-merit or expert-affidavit pre-filing requirement in Kentucky medmal cases, but expert testimony is required to establish the standard of care at trial.
Exception four: minors
KRS 413.170 tolls the SOL during minority for general PI claims. A child injured at age 10 has until age 19 (one year past the age of majority at 18) to file a personal-injury claim. The toll does not apply to the Board of Claims window for Commonwealth claims, which runs from accrual regardless of the claimant's age.
What Kentucky's pure comparative-fault rule means
Kentucky follows pure comparative fault under KRS 411.182. A plaintiff recovers reduced by the plaintiff's percentage of fault, no matter how high. A plaintiff 90% at fault still recovers 10% of damages.
This is more plaintiff-friendly than the modified-comparative regimes in most neighboring states. Even so, the short one-year SOL means the practical advantage often evaporates before the plaintiff gets to court.
A common Kentucky fact pattern that ends cases early
A pedestrian is hit by a car in a Louisville crosswalk. The pedestrian is treated and released, files a PIP claim with their own insurer, receives BRB payments for medical bills over the next several months, and assumes that everything is being handled. Thirteen months after the accident, the pedestrian consults a lawyer about pain that has not resolved; the lawyer notes that PIP payments have continued and that KRS 304.39-230(6) extends the SOL to two years from the last PIP payment. The case is still viable, but barely. Had no PIP been paid, the case would already be time-barred.
The takeaway: in Kentucky, the one-year SOL is the default. The PIP extension is a lifeline in auto cases, but you cannot rely on it without verifying that BRB payments have been made and tracking the date of the last payment.
Other Kentucky-specific PI rules worth knowing
Dog bites. Kentucky imposes strict liability on dog owners for bite injuries under KRS 258.235(4), regardless of the dog's prior history. One-year SOL.
Wrongful death. One-year SOL under KRS 413.180, running from the date of qualification of the personal representative, not from the date of death. Standing under KRS 411.130.
Premises liability and slip-and-fall. One-year SOL. Standard duty-of-care analysis based on the plaintiff's status as invitee, licensee, or trespasser. Pure comparative fault applies.
How the LawSensai Personal Injury Recovery Center helps with Kentucky matters
We built the Recovery Center to handle the day-one organizational work in a Kentucky PI case so that nothing falls through the cracks during the very short one-year window. We document the incident through a calm, save-and-resume intake, build a medical-and-evidence timeline, track PIP payment dates for the KRS 304.39-230(6) extension, and surface every applicable deadline, including the one-year Board of Claims window for Commonwealth claims, local notice requirements, and the underlying KRS 413.140(1)(a) one-year window. When the matter is well-documented and ready, we route it to a verified personal-injury attorney licensed in Kentucky. Start your Kentucky intake here.
We are not a law firm and we do not give legal advice. We are the file-organization and deadline-surfacing layer that sits in front of a real attorney.
Personal injury statute of limitations in other states
Each state has its own SOL window, government-notice deadline, comparative-fault regime, and case-type quirks. The full LawSensai PI Recovery Center routes 50-state coverage at /personal-injury.
- Tennessee (1-year SOL, 50% bar)
- Louisiana (1-year prescription)
- Georgia (OCGA 9-3-33, ante-litem, 50% bar)
- Ohio (1-year medmal SOL, 180-day letter)
Informational only
LawSensai is not a law firm and does not provide legal advice. The information in this post is general and does not account for your specific facts. No attorney-client relationship is created by reading this post or by using the Personal Injury Recovery Center. Deadlines, exceptions, and procedural rules vary by case type and by the parties involved; verify your specific situation with a licensed attorney in Kentucky before relying on any window described here.
Last verified: 2026-06-03.