Kentucky Personal Injury Laws
Kentucky has one of the shortest general personal injury statutes of limitations in the country — just 1 year (KRS 413.140). However, motor vehicle accident claims get 2 years under the MVRA. Kentucky follows pure comparative fault — a plaintiff can recover even if 99% at fault, with damages reduced proportionally. Joint and several liability has been abolished. Kentucky is a unique "choice no-fault" auto insurance state: drivers are automatically in the no-fault system unless they formally reject tort limitations.
Last verified: 2026-02-25
Statute of Limitations
General personal injury actions must be filed within 1 year from injury or discovery — one of the shortest periods in the nation. Motor vehicle accident claims have a 2-year statute of limitations under the Kentucky Motor Vehicle Reparations Act (MVRA). The discovery rule applies.
Exceptions
Wrongful death claims must be filed within 1 year of the appointment of the personal representative, but not more than 2 years from the date of death.
The statute of limitations is tolled while the injured person is a minor. The minor has 1 year after turning 18 to file a general PI claim, or 2 years for motor vehicle claims.
Claims against the Commonwealth must be filed with the Board of Claims within 1 year of injury. Damages are capped at $200,000 per individual and $350,000 per claim.
Fault & Liability Rules
Kentucky follows pure comparative fault — a plaintiff can recover even if 99% at fault, with damages reduced by their percentage of fault. Joint and several liability has been abolished. Each defendant is severally liable only for their allocated percentage of fault. The jury must apportion fault among all parties, including plaintiffs and settled defendants.
Damage Caps
Kentucky has no statutory cap on compensatory damages in personal injury cases.
Kentucky has no statutory cap on punitive damages. Punitive damages require proof by clear and convincing evidence of fraud, oppression, or malice. Federal constitutional limits apply (BMW v. Gore, State Farm v. Campbell).
Auto Insurance System
Kentucky is a unique "choice no-fault" state. Drivers are automatically in the no-fault system with $10,000 mandatory PIP coverage unless they formally reject tort limitations. To sue for pain and suffering, claimants must show $1,000+ in medical expenses, a fracture, permanent disfigurement/injury, or death. Drivers who reject no-fault can pursue tort claims without meeting the threshold but lose PIP protections.
Tort Threshold
$1,000 medical expenses; or fracture, permanent injury/disfigurement, or death
Key Kentucky Statutes
Kentucky follows strict liability for dog bites — the owner is responsible for damages regardless of whether the dog showed previous aggression. "Owner" is broadly defined to include anyone with possession, custody, or control of the dog.
Official Sources
Not Legal Advice
This information is for general reference only and does not constitute legal advice. Laws change — verify current statutes at Kentucky Legislature — Revised Statutes. For advice about your specific situation, consult a licensed attorney.
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