Kentucky Statute of Limitations: Filing Deadlines by Case Type
Understanding Kentucky's statutes of limitations is essential for anyone involved in a legal dispute in the Commonwealth. These deadlines determine how long you have to file a civil lawsuit or how long prosecutors have to bring criminal charges. Missing a deadline can permanently bar your claim, no matter how strong your case may be.
Kentucky's filing deadlines are set by the Kentucky Revised Statutes (KRS), primarily in Chapter 413 for civil matters and KRS 500.050 for criminal cases. The time limits vary widely depending on the type of case, ranging from 1 year for personal injury to 15 years for judgments.
This guide covers every major category of civil and criminal statute of limitations in Kentucky, including recent legislative changes, tolling rules, and important exceptions.
Kentucky Civil Statutes of Limitations
Kentucky's civil statutes of limitations are found in KRS Chapter 413. These laws set firm deadlines for filing lawsuits in Kentucky courts. If you miss the applicable deadline, the defendant can file a motion to dismiss, and the court will almost certainly grant it.
The clock typically starts running on the date the cause of action "accrues," which usually means the date the injury or breach occurred. However, Kentucky recognizes the discovery rule for certain claims, meaning the clock does not start until the injured party knew or reasonably should have known about the harm.
One-Year Limitations (KRS 413.140)
Kentucky has one of the shortest personal injury statutes of limitations in the nation at just one year. Under KRS 413.140, the following actions must be filed within one year:
| Claim Type | Statute |
|---|---|
| Personal injury | KRS 413.140(1)(a) |
| Assault and battery | KRS 413.140(1)(a) |
| Libel and slander (defamation) | KRS 413.140(1)(d) |
| Malicious prosecution | KRS 413.140(1)(c) |
| Medical malpractice | KRS 413.140(1)(e) |
| False imprisonment | KRS 413.140(1)(a) |
| Seduction or breach of promise | KRS 413.140(1)(c) |
The one-year period begins from the date of injury or, in discovery-rule cases, from the date the injury was or should have been discovered.
Two-Year Limitations
Several important claim types carry a two-year deadline in Kentucky:
| Claim Type | Statute |
|---|---|
| Personal property damage | KRS 413.125 |
| Motor vehicle accident injuries | KRS 304.39-230 |
Personal Property Damage (KRS 413.125): Actions for the taking, detaining, or injuring of personal property must be filed within two years from the date the cause of action accrued. This covers damage to vehicles, electronics, jewelry, and other personal belongings.
Motor Vehicle Accident Injuries (KRS 304.39-230): Kentucky is a no-fault insurance state, and car accident injury claims follow a special rule. You have two years from either the date of injury or the date of the last Personal Injury Protection (PIP) payment, whichever is later. However, the absolute maximum deadline is four years from the date of the accident, regardless of PIP payments. This rule interacts with Kentucky's Motor Vehicle Reparations Act.
Five-Year Limitations (KRS 413.120)
Under KRS 413.120, the following actions must be filed within five years:
| Claim Type | Statute |
|---|---|
| Fraud | KRS 413.120(12) |
| Trespass on real property | KRS 413.120(4) |
| Oral contracts | KRS 413.120(1) |
| Debt on account | KRS 413.120(7) |
| Trespass on personal property | KRS 413.120(3) |
| Actions on a liability created by statute | KRS 413.120(2) |
For fraud claims, the five-year clock does not start until the fraud is discovered or reasonably should have been discovered, subject to a ten-year maximum from the date the fraud occurred.
Ten-Year Limitations (KRS 413.160)
Under KRS 413.160, the following actions must be filed within ten years:
| Claim Type | Statute |
|---|---|
| Written contracts (executed after July 15, 2014) | KRS 413.160 |
| Actions not otherwise provided for by statute | KRS 413.160 |
Before the 2014 amendment, written contracts carried a fifteen-year deadline. House Bill 369 reduced this period to ten years for contracts executed on or after July 15, 2014. For written contracts involving payment of money only, the ten-year period begins from the date payment was due.
Fifteen-Year Limitations (KRS 413.090)
Under KRS 413.090, the following actions still carry a fifteen-year deadline:
| Claim Type | Statute |
|---|---|
| Enforcement of judgments | KRS 413.090(1) |
| Written contracts (executed before July 15, 2014) | KRS 413.090(2) |
| Bonds (appeal, attachment, supersedeas) | KRS 413.090(2) |
| Child support arrearages | KRS 413.090(3) |
The fifteen-year period for judgments begins from the date of the last execution on the judgment.
Professional Malpractice (KRS 413.245)
Claims against professionals for malpractice, including attorneys, accountants, architects, and engineers, must be filed within one year under KRS 413.245. The one-year clock starts from the date of the act or omission, or from the date the injury was or reasonably should have been discovered, whichever is later.
This is separate from medical malpractice, which falls under KRS 413.140(1)(e) with its own one-year deadline. Medical malpractice claims also carry a five-year statute of repose from the date the alleged negligent act occurred, meaning no claim can be filed after five years regardless of when the injury was discovered.
Wrongful Death (KRS 413.180)
Kentucky wrongful death claims must be filed within one year after the personal representative of the deceased person's estate is appointed. If no representative is appointed within one year of the death, the statute of limitations begins running automatically. The absolute maximum deadline is two years from the date of death.
Loss of consortium claims by a surviving spouse or minor children must also be filed within one year of the date of death.
Product Liability
Product liability actions in Kentucky fall under the one-year personal injury statute of limitations (KRS 413.140). However, Kentucky also has a product liability statute of repose under KRS 411.310, which bars claims filed more than five years after the product was first sold for use or consumption, or more than eight years after the product was manufactured.
Construction Defects (KRS 413.135)
Claims arising from deficient design, construction, or repair of an improvement to real property must be brought within the applicable personal injury or property damage deadline. However, KRS 413.135 imposes a seven-year statute of repose from the date of substantial completion of the improvement, after which no claim can be filed.
Complete Civil Statutes of Limitations Table
| Claim Type | Time Limit | Statute |
|---|---|---|
| Personal injury | 1 year | KRS 413.140(1)(a) |
| Medical malpractice | 1 year (5-year repose) | KRS 413.140(1)(e) |
| Professional malpractice | 1 year | KRS 413.245 |
| Libel/slander | 1 year | KRS 413.140(1)(d) |
| Malicious prosecution | 1 year | KRS 413.140(1)(c) |
| Wrongful death | 1 year from appointment (2-year max) | KRS 413.180 |
| Personal property damage | 2 years | KRS 413.125 |
| Motor vehicle accident injury | 2 years (4-year max) | KRS 304.39-230 |
| Employment discrimination/wage claims | 3 years (as of July 2024) | HB 320 (2024) |
| Fraud | 5 years (10-year max) | KRS 413.120(12) |
| Trespass | 5 years | KRS 413.120(4) |
| Oral contracts | 5 years | KRS 413.120(1) |
| Debt on account | 5 years | KRS 413.120(7) |
| Written contracts (after July 15, 2014) | 10 years | KRS 413.160 |
| Written contracts (before July 15, 2014) | 15 years | KRS 413.090(2) |
| Judgments | 15 years | KRS 413.090(1) |
| Product liability (repose) | 5 years from sale / 8 years from manufacture | KRS 411.310 |
| Construction defects (repose) | 7 years from completion | KRS 413.135 |
Employment Claims: 2024 Change (HB 320)
One of the most significant recent changes to Kentucky's statutes of limitations came in 2024. House Bill 320, signed into law on April 10, 2024, shortened the filing deadline for several types of employment claims from five years to three years.
This change affects claims under the Kentucky Civil Rights Act (discrimination), the Kentucky Wage and Hour Act, and wrongful discharge in violation of public policy. The new three-year deadline applies to claims filed on or after July 14, 2024, and does not apply retroactively to older claims.
This brought Kentucky more in line with federal law and neighboring states, though employee advocates have criticized the reduction.
Tolling and Exceptions
Kentucky law recognizes several situations where the statute of limitations can be paused (tolled) or extended.
Minority (KRS 413.170)
If the person who holds the cause of action is a minor (under 18) when the claim accrues, the statute of limitations does not begin running until the minor turns 18. For example, a child injured in a car accident has until age 20 to file a lawsuit under the two-year motor vehicle deadline.
Legal Disability (KRS 413.170)
If the claimant is legally incapacitated when the cause of action accrues, the limitations period is tolled until the disability is removed by court order. Once the disability is lifted, the standard time limit applies.
Discovery Rule
For claims involving fraud, professional malpractice, and certain other causes of action, Kentucky applies the discovery rule. The statute of limitations does not begin running until the injured party discovered or reasonably should have discovered the injury. This is particularly important in medical malpractice and fraud cases where harm may not be immediately apparent.
Defendant Absence from State (KRS 413.190)
If the defendant is a resident of Kentucky who leaves the state or hides to avoid service of process, the statute of limitations is tolled during the period of absence. Once the defendant returns or is found, the clock resumes.
Kentucky Criminal Statutes of Limitations
Kentucky's criminal statutes of limitations are found in KRS 500.050. Unlike many states, Kentucky has a straightforward approach: no felony has a statute of limitations.
No Statute of Limitations for Felonies
Kentucky is one of a minority of states that impose no time limit on felony prosecutions. Under KRS 500.050(1), the prosecution of any felony is not subject to a period of limitation. This means prosecutors can bring charges for murder, robbery, arson, sexual assault, drug trafficking, or any other felony offense at any time, regardless of how many years have passed since the crime occurred.
One-Year Limit for Misdemeanors and Violations
Under KRS 500.050(2), prosecutions for misdemeanors and violations must be commenced within one year after the offense is committed, unless the statute specifies a different time frame.
Exception: Minor Victims of Sex Offenses
There is one important exception to the one-year misdemeanor rule. If the victim of a misdemeanor sex offense under KRS Chapter 510 (covering offenses like sexual abuse) was under 18 at the time the crime occurred, the one-year period does not start until the victim turns 18. The prosecution must then begin within five years after the victim reaches the age of majority.
Criminal Tolling: Fleeing or Hiding
The statute of limitations for misdemeanors is tolled during any period when the accused is hiding or has fled the Commonwealth. The clock resumes once the person returns to Kentucky or is located.
Criminal Statutes of Limitations Table
| Offense Type | Time Limit | Statute |
|---|---|---|
| All felonies (murder, robbery, arson, sexual assault, etc.) | No limit | KRS 500.050(1) |
| Misdemeanors | 1 year | KRS 500.050(2) |
| Violations | 1 year | KRS 500.050(2) |
| Misdemeanor sex offenses against minors | 5 years after victim turns 18 | KRS 500.050(3) |
How to Calculate Your Filing Deadline
Follow these steps to determine your deadline for filing a civil claim in Kentucky:
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Identify the type of claim. Determine whether your case involves personal injury, contract, property damage, or another category.
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Find the applicable statute. Use the tables above to find the correct KRS section and time limit.
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Determine the accrual date. This is usually the date the injury occurred or the contract was breached. For discovery-rule claims, it is the date you knew or should have known about the harm.
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Check for tolling. If you were a minor, legally incapacitated, or the defendant was absent from the state, the deadline may be extended.
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Consult an attorney. Statutes of limitations involve many nuances. A Kentucky attorney can evaluate your specific situation and confirm the correct deadline.
More Kentucky Laws
Sources and References
- KRS Chapter 413: Limitation of Actions(legislature.ky.gov).gov
- KRS 413.140: Actions to Be Brought Within One Year(legislature.ky.gov).gov
- KRS 413.120: Actions to Be Brought Within Five Years(legislature.ky.gov).gov
- KRS 413.160: Written Contract or Not Provided for by Statute (Ten-Year Limitation)(legislature.ky.gov).gov
- KRS 413.090: Action Upon Judgment, Contract, or Bond (Fifteen-Year Limitation)(legislature.ky.gov).gov
- KRS 500.050: Time Limitations (Criminal)(legislature.ky.gov).gov
- KRS 413.125: Personal Property Actions (Two-Year Limitation)(legislature.ky.gov).gov
- KRS 304.39-230: Motor Vehicle Accident Limitations of Actions(legislature.ky.gov).gov
- KRS Chapter 510: Sexual Offenses(legislature.ky.gov).gov