Kentucky

Find an Attorney in Kentucky

Kentucky pairs pure comparative fault with one of the country’s shortest personal-injury statutes of limitations — just 1 year. Combined with the Motor Vehicle Reparations Act no-fault auto system, knowing exactly which clock runs from which event is essential.

Practice areas in Kentucky

Common questions about Kentucky attorneys

KRS § 413.140 sets a 1-year personal-injury statute of limitations from the date of injury — shorter than almost every other state. Missing the deadline bars the case entirely, regardless of merit. Wrongful death has its own 1-year SOL from the date of qualification of personal representative under KRS § 413.180. The discovery rule extends in limited circumstances, but Kentucky plaintiffs need to move quickly to preserve their rights.
Under the Motor Vehicle Reparations Act (KRS § 304.39), Kentucky drivers carry $10,000 in Basic Reparations Benefits (BRB) — comparable to PIP in other states. After a crash, you file with your OWN insurer regardless of fault. You can sue the at-fault driver in tort only if your medical expenses exceed $1,000 or you suffer a fracture, dismemberment, permanent injury, or death (KRS § 304.39-060). You can opt out of no-fault on the front end under § 304.39-060(4).
Kentucky uses pure comparative fault since Hilen v. Hays (1984). Even if you’re 99% at fault, you can still recover 1% of your damages. That contrasts with Tennessee (49% modified) and Ohio (51% modified). The jury assigns percentages to each party, and your award is reduced by your share. This makes Kentucky one of the more plaintiff-friendly states on doctrine — though the short SOL offsets some of that.
No statutory cap on compensatory damages in personal-injury or medical-malpractice cases. The Kentucky Constitution’s jural-rights provision (§ 14) has been interpreted to limit the legislature’s ability to cap damages. Punitive damages are governed by KRS § 411.184 with statutory limits and procedural requirements but no fixed cap. The 2017 Medical Review Panel legislation was struck down in Commonwealth v. Claycomb (2018).
Kentucky workers’ comp under KRS § 342 runs through the Department of Workers’ Claims. You file Form 101, attend hearings before Administrative Law Judges, and can appeal to the Workers’ Compensation Board and then to the Kentucky Court of Appeals. Income benefits are 66 2/3% of average weekly wage up to a state maximum. Medical treatment is generally directed through the employer’s managed-care arrangement.

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