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Kentucky Civil Statute of Limitations Laws

If you've ever been in an accident, you've maybe wondered if you can get compensated for your injuries. Or maybe the repair shop didn't repair your car properly and won't give you a refund. If you've wondered if you have a legal case for damages against the other driver or the auto shop, you might have also wondered if there's a deadline for filing in court. As it turns out, there is. Here is an introduction to civil statutes of limitations in Kentucky.

Civil Statutes of Limitations

State statutes of limitations set a final deadline for filing lawsuits and other civil actions. These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The “clock" on claims starts ticking on either the date of the incident or the discovery of the harm.

The idea behind statutes of limitations is to create fairness and practicability when it comes to filing lawsuits. On the one hand, there is an interest in a person not having an unfinished legal matter hanging over their head indefinitely. On the other hand, the injured party is given a set amount of time to decide whether to file a legal claim or not. Civil statutes of limitation are the legal system's way of creating a definitive deadline for every legal conflict so that all of the parties involved can plan accordingly.

Statutes of Limitation in Kentucky: At a Glance

The table below highlights the specifics of Kentucky's civil statutes of limitations.

Written and entered into after July 15, 2014: 10 years (K.R.S. § 413.160); Written and entered into before July 15, 2014: 15 years (K.R.S. § 413.090); Oral: Five years (K.R.S. § 413.120 (1))

Code Section

Kentucky Revised Statutes § 413.010 et seq.: Limitation of Actions

Injury to Person

One year (K.R.S. § 413.140(1)(a))

Libel/Slander

One year (K.R.S. § 413.140(1)(d))

Fraud

Five years (K.R.S. § 413.120(11))

Injury to Personal Property

Two years (K.R.S. § 413.125)

Professional Malpractice

Professional service: One year (K.R.S. § 413.245) and medical: One year (K.R.S. § 413.140(e))

Trespass

Five years (K.R.S. § 413.120(4))

Collection of Rents

Written and entered into after July 15, 2014: 10 years (K.R.S. § 413.160); Written and entered into before July 15, 2014: 15 years (K.R.S. § 413.090); Oral: Five years (K.R.S. § 413.120 (1))

Contracts

Written and entered into after July 15, 2014: 10 years (K.R.S. § 413.160); Written and entered into before July 15, 2014: 15 years (K.R.S. § 413.090); Oral: Five years (K.R.S. § 413.120 (1))

Collection of Debt on Account

Written and entered into after July 15, 2014: 10 years (K.R.S. § 413.160); Written and entered into before July 15, 2014: 15 years (K.R.S. § 413.090); Oral: Five years (K.R.S. § 413.120 (1))

Judgments

15 years (K.R.S. § 413.090(1))

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Related Resources for Civil Statute of Limitations Laws

Even if you have a good case, the court may never hear it if you try to file it past the statute of limitations deadline. You can visit FindLaw's statute of limitations section for additional articles and information on this topic.

Questions About Kentucky Civil Statute of Limitations Laws? Ask an Attorney

Kentucky's civil statute of limitations often depends on the type of case involved and the cause of action you wish to pursue. If you're thinking about filing a civil lawsuit in Kentucky, it's a good idea to consult with a local litigation attorney who can potentially find the right cause of action and ensure that it's filed within the statute of limitations.

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