How much time do you have to file a lawsuit in Kentucky?

A statute of limitation can limit the time period in which a person can file a lawsuit. Evary state?s statutes are different regarding the amount of time in which a person can file a lawsuit. Statutes can also vary per state according to the type of claim one is pursuing.

Kentucky Statutes

Kentucky Statutes of Limitation

413.120 Actions to be brought within five years.

The following actions shall be commenced within five (5) years after the cause of action
accrued:

(1) An action upon a contract not in writing, express or implied.

(2) An action upon a liability created by statute, when no other time is fixed by the
statute creating the liability.

(3) An action for a penalty or forfeiture when no time is fixed by the statute prescribing
it.

(4) An action for trespass on real or personal property.

(5) An action for the profits of or damages for withholding real or personal property.

(6) An action for an injury by a trustee to the rights of a beneficiary of a trust.

(7) An action for an injury to the rights of the plaintiff, not arising on contract and not
otherwise enumerated.

(8) An action upon a bill of exchange, check, draft or order, or any endorsement
thereof, or upon a promissory note, placed upon the footing of a bill of exchange.

(9) An action to enforce the liability of a steamboat or other vessel.

(10) An action upon a merchant's account for goods sold and delivered, or any article
charged in such store account.

(11) An action upon an account concerning the trade of merchandise, between merchant
and merchant or their agents.

(12) An action for relief or damages on the ground of fraud or mistake.

(13) An action to enforce the liability of bail.

(14) An action for personal injuries suffered by any person against the builder of a home
or other improvements. This cause of action shall be deemed to accrue at the time of
original occupancy of the improvements which the builder caused to be erected.

413.125 Actions relating to personal property to be brought within two years.

An action for the taking, detaining or injuring of personal property, including an action
for specific recovary shall be commenced within two (2) years from the time the cause of
action accrued.

413.135 Action for damages arising out of injury.

(1) No action to recover damages, whether based upon contract or sounding in tort,
resulting from or arising out of any deficiency in the construction components,
design, planning, supervision, inspection, or construction of any improvement to
real property, or for any injury to property, either real or personal, arising out of
such deficiency, or for injury to the person or for wrongful death arising out of any
such deficiency, shall be brought against any person after the expiration of seven (7)
years following the substantial completion of such improvement.

(2) Notwithstanding the provisions of subsection (1) of this section, in the case of such
an injury to property or the person or wrongful death resulting from such injury,
which injury occurred during the seventh year following substantial completion of
such improvement, an action to recover damages for such injury or wrongful death
may only be brought within one (1) year from the date upon which such injury
occurred (irrespective of the date of death), but in no event may such an action be
brought more than eight (8) years after the substantial completion of construction of
such improvement.

(3) Nothing in this section shall be construed as extending the period prescribed by
statute for the bringing of any action for damages.

(4) As used in this section, the term "person" shall mean an individual, corporation,
partnership, business trust, unincorporated association, or joint stock company; the
term "substantial completion" shall be construed to mean the date upon which the
owner of the structure, project, or facility first entered upon the occupancy or
commenced the use thereof.

413.140 Actions to be brought within one year.

(1) The following actions shall be commenced within one (1) year after the cause of
action accrued:

(a) An action for an injury to the person of the plaintiff, or of her husband, his
wife, child, ward, apprentice, or servant;

(b) An action for injuries to persons, cattle, or other livestock by railroads or other
corporations, with the exception of hospitals licensed pursuant to KRS
Chapter 216;

(c) An action for malicious prosecution, conspiracy, arrest, seduction, criminal
conversation, or breach of promise of marriage;

(d) An action for libel or slander;

(e) An action against a physician, surgeon, dentist, or hospital licensed pursuant
to KRS Chapter 216, for negligence or malpractice;

(f) A civil action, arising out of any act or omission in rendering, or failing to
render, professional services for others, whether brought in tort or contract,
against a real estate appraiser holding a certificate or license issued under
KRS Chapter 324A;

(g) An action for the escape of a prisoner, arrested or imprisoned on civil process;

(h) An action for the recovary of usury paid for the loan or forbearance of money
or other thing, against the loaner or forbearer or assignee of either;

(i) An action for the recovary of stolen property, by the owner thereof against any
person having the same in his possession;

(j) An action for the recovary of damages or the value of stolen property, against
the thief or any accessory; and

(k) An action arising out of a detention facility disciplinary proceeding, whether
based upon state or federal law.
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Contact one of our personal injury lawyers to discuss your case today. You can submit your personal injury case, or just ask a question, it's free, and you pay absolutely nothing until we win your case. *The information on this website regarding Statutes of Limitations is for informational purposes only and may not be up to date or accurate.