Kentucky Civil Statute of Limitations Laws
By Lyle Therese A. Hilotin-Lee, J.D. | Legally reviewed by FindLaw Staff | Last reviewed October 02, 2024
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The legal deadlines in filing a civil action can significantly affect your ability to pursue justice. Kentucky's civil statute of limitations sets the time limits for filing legal claims for civil matters. Understanding these limitation periods is crucial for the plaintiff and defendants in ensuring the prompt resolution of cases.
This article offers an overview of civil statutes of limitations in Kentucky. It details the time limits for filing some of the most common civil actions.
Understanding Civil Statutes of Limitations
The idea behind statutes of limitations is to create fairness and practicability in filing lawsuits. This prevents a person from having an unfinished legal matter hanging over their head indefinitely. But the injured party gets a set amount of time to decide whether to file a legal claim. Civil statutes of limitation are the legal system's way of creating a definitive deadline for every legal conflict so that all the parties involved can plan accordingly.
Civil statutes of limitations set the amount of time plaintiffs have for filing civil actions. These limitation periods vary depending on the civil case. In most cases, they range from one to 15 years.
Statutes of Limitation for Civil Cases in Kentucky Law
Understanding the specific statute of limitations is crucial for those considering filing a civil action. The following are some common types of civil cases and their limitation periods under Kentucky Revised Statutes (KRS).
| Civil case | Limitations period | |
|---|---|---|
Personal injury |
One year from the date of the injury (KRS 413.140(1)(a)). This rule also applies to injuries from car accidents, slips and falls, and other incidents that cause bodily harm. |
|
Libel/slander |
One year from the date of the defamatory statement (KRS 413.140(1)(d)) |
|
Fraud |
Five years from the discovery of fraud or the date it should have been discovered (KRS 413.120(11)). |
|
Injury to personal property |
Two years from the date of the property damage (KRS 413.125). This rule also applies to personal property when damaged or destroyed. |
|
Professional malpractice |
Medical malpractice: One year from the date of the incident or discovery of the injury (KRS 413.140(e)) Other professional services: One year from the date when the cause of action accrued (KRS 413.245) |
|
Trespass |
Five years (KRS 413.120(4)) |
|
Collection of rents |
Written contract and entered into after July 15, 2014: 10 years (KRS 413.160); Written contract and entered into before July 15, 2014: 15 years (KRS 413.090); Oral contract: Five years (KRS 413.120 (1)) |
|
Contracts |
Written and entered into after July 15, 2014: 10 years (KRS 413.160); Written and entered into before July 15, 2014: 15 years (KRS 413.090); Oral contracts: Five years (KRS 413.120 (1)) |
|
Collection of debt on account |
Written contract and entered into after July 15, 2014: 10 years (KRS 413.160); Written contract and entered into before July 15, 2014: 15 years (KRS 413.090); Oral contract: Five years (KRS 413.120 (1)) |
|
Judgments |
15 years (KRS 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 laws you are researching.
Importance of Filing the Claim Within the Statute of Limitations
If a party fails to file a civil or criminal case within the specified time period, it could lose the right to pursue that claim. Kentucky courts strictly enforce these limitation periods to ensure fairness and efficiency in the legal proceedings. Any delay could result in the loss of crucial evidence, fading memories of witnesses, and other factors affecting the judicial system's integrity.
Note: State laws are always subject to change. While we strive to provide the most current information, please consult an attorney or conduct your legal research to verify the state law(s).
Questions About Kentucky Civil Statute of Limitations Laws? Ask an Attorney
Contacting a civil law attorney can help you better understand the legal issue and its statute of limitations. They can determine the limitations of actions and ensure the timely filing of your claim. An attorney can also tell you the course of action to take to preserve your rights. Whether you are in Lexington, Manchester, or Louisville, litigation and appeals attorneys can help you with your case.
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