Kentucky Statutes of Limitations

Courts impose time limits, called statutes of limitations, when initiating a civil action or a criminal charge. These time limits ensure the integrity of the evidence and prevent parties from threatening lawsuits or criminal charges indefinitely. The statutes of limitations typically differ in civil or criminal cases.

This article provides an overview of the statute of limitations in Kentucky state law. It offers essential information about the limitation period for filing a case for some of the most common civil and criminal cases.

Kentucky Civil Statutes of Limitations

Civil statutes of limitations have time limits set for each civil action. The time period varies depending on the nature of the case. The following are the common civil cases and the time frame on when you can file the case.

A one-year statute of limitation for the following civil case:

• Personal injury cases
• Libel, defamation, and slander
• Medical malpractice
• Other professional malpractice

Two-year statute of limitation for the following cases:

• Damage to personal property
• Wrongful death
• Products liability
• Personal injury caused by motor-vehicle accidents

Five-year statute of limitation for the following cases:

• Trespass
• Fraud
• Oral contracts
• Product liability

Ten-year statute of limitation for the following cases:

• Written contracts
• Actions on judgments

Kentucky Criminal Statutes of Limitations

Under the Kentucky Revised Statute (KRS Section 500.050), felonies have no limitation period. This means a party can file the case in Kentucky court any time. But, misdemeanors have a one-year statute of limitation. The time begins from the time the person committed the offense.

An exception applies to cases of misdemeanor sex offenses that involve minors. If the victim of the misdemeanor sex offense is a minor, the statute of limitation is ten years after the victim reaches 18 years old.

Tolling of Statutes of Limitations

There is a legal concept called the "tolling" of the statute of limitations. This pauses or delays the time limit to file a case. The limitation period varies in every state and the type of case. The tolling of the time limit allows plaintiffs to bring their legal claims against the defendant. Certain cases could toll the time limit from running. Some of these include the following:

• The defendant fled the state's jurisdiction or is not present in the place where the cause of action happened
• The Kentucky court plaintiff is a minor or is mentally incapacitated

Discovery Rule

For personal injury cases, the limitation period often begins when the injury happened. But state laws have a legal concept called the "discovery rule." Here, the statute of limitation does not run until the discovery of the plaintiff's injury. It's available when the injury is not readily evident or a person of reasonable diligence could not discover it.

Kentucky Statutes of Limitation Articles

• Kentucky Civil Statute of Limitations Laws
• Kentucky Criminal Statute of Limitations Laws

Seek Legal Advice

When filing a legal case, time is of the essence. It is crucial to act promptly to protect your legal rights. You can seek the professional services of an attorney in Kentucky. They can offer invaluable legal advice and do case evaluations to assess the time limit you have to file your case. They can also evaluate your best course of action under Kentucky law. Whether you are in Louisville, Lexington, or Paducah, an attorney can help you with your case.