Kentucky's 1-year personal injury deadline: what you need to know

Every year, people in Kentucky lose the ability to pursue a personal injury claim not because the facts were bad, but because the filing window quietly closed. Kentucky's general personal injury statute of limitations is one year — shorter than the two- or three-year periods most people assume from reading national articles. If you are researching a potential claim in Kentucky, understanding which rule applies to your situation is one of the most useful early steps you can take.

What the statute says: Ky. Rev. Stat. § 413.140

Kentucky's general personal injury statute of limitations is codified at Ky. Rev. Stat. § 413.140. In plain English, the statute provides that most actions for an injury to the person of the plaintiff must be commenced within one year after the cause of action accrued. That one-year period is unusually short compared to most other states, and it is the starting point for analysis in a broad category of injury claims.

“Accrual” is a legal concept that generally refers to when the cause of action arises — often the date of the injury, though discovery rules and tolling concepts can shift that date in specific circumstances.

The car accident exception: 2 years under § 304.39-230

Kentucky is a no-fault auto state. Its Motor Vehicle Reparations Act (MVRA) creates a separate statutory period for motor vehicle injury claims. Under Ky. Rev. Stat. § 304.39-230, such claims generally have a 2-year statute of limitations.

The 2-year period can generally run from the date of the accident or from the date of the last Basic Reparation Benefit (BRB, sometimes referred to as PIP) payment, whichever is later. The reason for the longer window is structural: in a no-fault system, injured people first tap into their own PIP benefits for medical expenses and wage loss. Only after PIP is exhausted (or in cases that meet the statutory threshold) does a tort claim typically become the main avenue. Kentucky's legislature built the filing window around that sequence.

In practical terms, this is one of the most commonly misunderstood points in Kentucky injury research. People assume the 1-year general rule applies to auto crashes, or the auto 2-year rule applies to slip-and-falls. Neither assumption is correct, and getting it wrong can close the filing window. A licensed Kentucky attorney can confirm which section controls your timeline.

What types of claims typically fall under the 1-year rule

The 1-year period under § 413.140 can apply to a broad range of injury claims, including:

• General personal injury — injuries not covered by a more specific statute.
• Slip-and-fall and other premises liability — property-related injuries on residential, commercial, or public property.
• Dog bite and animal attack — injuries caused by another person's animal.
• Intentional torts — assault, battery, and related claims (specific sub-rules may apply).
• Defamation — libel and slander, which Kentucky generally treats under a 1-year period.
• Medical malpractice — generally subject to a 1-year period, with a discovery rule and a statute of repose that can change the analysis.

Each of these categories has its own nuances. The list above is an orientation tool, not a substitute for reviewing your specific facts with a licensed Kentucky attorney.

Tolling: when the clock can pause

Kentucky, like most states, recognizes certain tolling doctrines that can pause the statute of limitations in specific circumstances. Common examples include:

• Minor claimants. When the injured person is under the age of majority, Kentucky law generally pauses the filing clock until the minor reaches a statutorily defined age. The exact mechanics depend on the type of claim.
• Mental incapacity. When an injured person has a qualifying mental incapacity at the time the cause of action accrues, the clock can be paused until the incapacity is removed.
• Defendant absence from the state. In some circumstances, the period during which a defendant is outside Kentucky may not count against the filing window.
• Discovery rule (specific contexts). For some claims — medical malpractice in particular — the clock may not begin to run until the injury was, or reasonably should have been, discovered.

These rules are easy to misread, and the exceptions have exceptions. None of them should be relied on without input from a licensed Kentucky attorney.

If you are researching a claim that is approaching a deadline

If you believe you may have a Kentucky claim that is approaching any statutory filing window, the most useful thing you can do is talk to a licensed Kentucky attorney as soon as possible. Consultations are often free for personal injury matters. An attorney can review the specific facts, identify which statute applies to your situation, and advise you on next steps. Public information and research tools — including Caseworth — can help you get oriented, but they cannot replace that conversation.

Caseworth's role is to help you come into that conversation informed. You can learn the general framework, see what section of the Kentucky Revised Statutes likely controls, and write down better questions for the attorney you speak with.

Free tool: the Caseworth SoL Checker

Caseworth's free Statute of Limitations Checker includes a Kentucky personal injury page that summarizes the general 1-year rule, cites the controlling statute, and explains common exceptions in plain English. It is educational only — it does not give legal advice, and it does not replace a licensed attorney.

Start here: Kentucky Personal Injury Statute of Limitations →

For a higher-level overview of Kentucky personal injury law, including links to other claim types, see our Kentucky Personal Injury Law Guide. If you want a deeper research report on a specific situation, consider a Lexstimate report, which puts your facts in context using public case information.