Understanding Kentucky Statutes of Limitations for Civil Cases

Statutes of limitations establish the deadline by which a lawsuit must be filed. Missing the deadline can result in permanent loss of your claim. Kentucky's statutes of limitations vary significantly by cause of action, and understanding these timelines is critical for both plaintiffs and defendants.

Personal Injury

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(a)

When the Clock Starts: From the date of injury or when the injury is discovered.

Personal injury claims — including negligence, assault, and battery — must be filed within one year. This is one of Kentucky's shortest limitations periods and applies to most tort claims. The clock begins on the date the injury occurs, not the date you realize the full extent of damage.

Breach of Written Contract

Limitation Period: 15 years

Statute Citation: KRS § 413.090

When the Clock Starts: From the date of breach.

Written contracts receive Kentucky's longest protection period. This generous timeline reflects the formality and deliberation involved in written agreements. The limitations period runs from when the breach occurs, not from when you discover it — unless the discovery rule applies (discussed below).

Breach of Oral Contract

Limitation Period: 4 years

Statute Citation: KRS § 413.120(1)(a)

When the Clock Starts: From the date of breach.

Oral contracts are given less protection than written ones. The 4-year period applies to all oral contract disputes, whether the contract involves services, goods, or money. Kentucky distinguishes oral from written agreements strictly; even a partially written contract may be treated differently depending on the court's characterization.

Fraud

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(e)

When the Clock Starts: From discovery of the fraud (discovery rule applies automatically).

Fraud claims operate under the discovery rule in Kentucky, meaning the clock starts when you discover or should have discovered the fraudulent conduct — not when the fraud occurred. This is a critical distinction. A defendant's concealment of fraud may delay accrual further. However, the clock cannot extend longer than the underlying transaction's nature reasonably allows.

Property Damage

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(a)

When the Clock Starts: From the date of damage or discovery of damage.

Claims for damage to real or personal property must be brought within one year. This applies to torts involving property, including negligent damage, intentional destruction, and conversion. The discovery rule may apply if the damage is not immediately apparent.

Medical Malpractice

Limitation Period: 1 year from discovery (with exceptions); 3-year repose period (absolute deadline)

Statute Citation: KRS § 413.140(1)(c) and KRS § 411.318

When the Clock Starts: From discovery of the injury caused by medical negligence.

Kentucky's medical malpractice statute is complex. Under KRS § 411.318, there is an absolute repose period: no claim may be filed more than 3 years after the negligent act or omission occurs, even if the injury is discovered later. However, discovery of the injury within the 3-year window starts a 1-year filing deadline.

Example: A surgeon leaves a surgical sponge inside a patient on January 1, 2023. If the patient discovers the sponge on January 2, 2026, the patient cannot sue because more than 3 years have passed. But if discovered on December 15, 2025, the patient has until December 15, 2026 to file (1 year from discovery), as long as discovery occurred within the 3-year repose period.

Wrongful Death

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(a)

When the Clock Starts: From the date of death.

Wrongful death claims follow the 1-year personal injury timeline. The clock runs from the date of death, not from the date of the underlying injury that caused death. KRS § 411.130 governs who may bring wrongful death actions (surviving spouses, children, and parents), but the statute of limitations applies uniformly.

Defamation, Libel, and Slander

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(c)

When the Clock Starts: From publication (for libel) or utterance (for slander).

Defamation claims must be brought within one year from the date the defamatory statement was published or spoken. In the internet age, courts must determine when a defamatory statement was "published" — often the date of initial posting applies, not each view. Kentucky applies this period strictly, and there is no discovery rule exception for hidden defamatory statements.

Trespass

Limitation Period: 1 year

Statute Citation: KRS § 413.140(1)(a)

When the Clock Starts: From the date of the trespass.

Trespass claims — whether to land or chattels — must be filed within one year. Continuing trespasses may present a question of whether each day constitutes a separate actionable event, potentially allowing successive filing windows.

Debt Collection / Promissory Notes

Limitation Period: 4 years (open accounts); may vary (negotiable instruments)

Statute Citation: KRS § 413.120(1)(a) and KRS § 413.095

When the Clock Starts: From the date of the last charge or payment.

Kentucky's debt collection timeline depends on the obligation's nature. Written promissory notes fall under the 15-year contract limitation period (KRS § 413.090) if they constitute a written contract. However, general debt obligations and open accounts typically follow the 4-year rule under KRS § 413.120. The clock resets with each payment or charge on open accounts.

The Discovery Rule and Delayed Accrual

Statute Citation: KRS § 413.140(4)(a); Kraemer v. Miller, 232 S.W.3d 521 (Ky. 2010)

Kentucky recognizes the discovery rule for certain claims, allowing the limitations period to begin when the plaintiff discovers (or reasonably should discover) the injury rather than when it occurs. Courts apply this cautiously.

When Discovery Rule Applies:

When Discovery Rule Does NOT Apply:

The discovery rule does not create an exception to repose periods. Even if you discover an injury late, absolute deadlines still apply.

Tolling Provisions

Kentucky law provides limited circumstances where the statute of limitations clock stops running:

Minority (Age): KRS § 413.270
A plaintiff who is under 18 at the time the claim accrues has until one year after reaching majority (age 18) to file — even if the normal period has passed. This applies broadly across most claims.

Mental Incapacity: KRS § 413.270
A person judicially declared mentally incapacitated may file within one year after the incapacity ends, extending the time if it would otherwise be lost.

Absence from State: KRS § 413.250
If the defendant is absent from Kentucky for an extended period, the time of absence does not count toward the limitations period. This is rarely applied in modern practice but remains on the books.

Military Service: KRS § 413.290
Service members receive certain tolling protections.

Important Limitation: Tolling provisions are narrowly construed. Simply being unaware of a claim does not trigger tolling.

What Happens If You Miss the Deadline

If the statute of limitations expires before filing, the defendant can raise it as an affirmative defense under Kentucky Rules of Civil Procedure § 8.03. Upon motion, the court will dismiss the claim with prejudice (meaning it cannot be refiled). Missing the deadline is typically fatal to the claim.

Courts will not excuse tardiness based on attorney negligence, client confusion, or postal delays. Once the deadline passes, it is gone.

Calculating the Deadline Accurately

When calculating a statute of limitations deadline:

Key Takeaways