Home › Personal Injury Laws by State › Kentucky Personal Injury Laws

Kentucky generally requires many personal injury lawsuits to be filed within one year after the claim accrues, while motor-vehicle injury claims under the state's motor-vehicle reparations law generally have a two-year period measured under special accrual rules. Different rules, exceptions, tolling provisions, and requirements for claims against governmental entities may apply depending on the claim and the parties involved. This page cannot determine which deadline applies to any particular situation; only a licensed Kentucky attorney reviewing the facts can do that.

Kentucky follows a form of no-fault system for many motor-vehicle injury claims, under which a person's own insurance generally pays certain benefits regardless of who caused the collision, while a claim against an at-fault driver for other losses is generally available only in circumstances defined by state law or where a person has opted out of the no-fault system in writing. In such claims, liability ordinarily depends on who caused the collision, and the compensation available generally depends on the injuries or losses involved and the insurance coverage that applies. How these rules apply in any individual situation depends on its facts, and if the parties involved cannot agree on liability, the court process may be necessary to resolve it.

Kentucky follows a pure comparative-fault rule. In general terms, compensation may be reduced according to an injured person's share of fault, but a person's own fault generally does not bar recovery entirely. Whether and how fault is attributed in any particular matter depends on its facts and may have to be determined by a court of law.

Kentucky generally requires vehicle owners to maintain insurance that meets minimum requirements established by state law, including liability coverage and, for most drivers, personal injury protection benefits that apply regardless of fault. Kentucky policies generally must include uninsured-motorist coverage unless it is rejected in writing, and insurers generally must make underinsured-motorist coverage available upon request. The coverage available in any particular situation depends on the policies involved and current law.

The Kentucky constitution generally prohibits laws that limit the amount recoverable for injuries to person or property or for death, so the caps on compensatory damages that exist in many states generally do not apply in Kentucky injury cases. Special rules may still apply to certain claims and parties, including claims involving governmental entities, and other categories of damages are subject to separate legal standards. Because these rules can vary by claim and may change, this page does not determine what damages may be available in any particular matter.

Kentucky personal injury lawsuits may be filed in the state's circuit courts, which have general civil jurisdiction, or in district court for some more limited civil matters. Many injury claims are resolved through insurance processes or negotiation without a lawsuit being filed. Which court, if any, would be appropriate depends on the nature of the claim, the relief involved, and other facts that a licensed Kentucky attorney can evaluate.

A licensed Kentucky attorney can explain how rules involving deadlines, fault, insurance, damages, and procedure may apply to a specific situation—something a general reference page cannot do. This platform helps injured people seek connections with participating local personal injury attorney offices in the Kentucky communities listed below, based on availability. Requesting a connection is free and carries no obligation to hire an attorney.