A statute of limitations is the law that sets a deadline for filing a lawsuit after an injury. In Kentucky, that deadline is shorter than most people expect. Miss it, and a court can dismiss your case no matter how badly you were hurt or how clear the fault is.
Here are the deadlines that matter most, each verified against the Kentucky Revised Statutes:
- Most personal injury claims (slip and fall, dog bites, most negligence claims): one year from the date of injury. KRS 413.140(1)(a).
- Car, truck, and motorcycle accident lawsuits: two years from the date of the injury or from the last no-fault (PIP) payment, whichever is later. KRS 304.39-230(6).
- Kentucky workers’ compensation: tell your employer as soon as practicable, and file your claim with the state within two years of the accident. KRS 342.185(1).
- Accidents in Southern Indiana: two years under Indiana law. Ind. Code 34-11-2-4(a).
Below, we explain why the periods differ, what can pause the clock, and what to do if your date is close.
What is the Kentucky statute of limitations for personal injury?
A statute of limitations is a law that sets how long you have to file a lawsuit after you are harmed. Kentucky’s general rule for injury claims is one year from the date of the injury under KRS 413.140(1)(a). That single year covers most claims outside of car accidents: a fall at a business or on someone’s property, a dog bite, and most other negligence claims.
One year is among the shortest injury deadlines in the country, and it means something specific: a lawsuit filed in court. Opening an insurance claim, trading calls with an adjuster, or waiting on a settlement offer does not stop the clock. Founding attorney Gregory Crutcher has seen strong Jefferson County claims lose their value because settlement talks drifted past the filing date.
How long after a car accident can you sue in Kentucky?
Car, truck, and motorcycle crash lawsuits run on a different clock because Kentucky is a no-fault state. The Kentucky car accident statute of limitations is two years, measured from the date of the injury (or death) or from the date of the last basic reparation benefits payment, whichever is later. KRS 304.39-230(6).
Basic reparation benefits are what most people call PIP (personal injury protection): the no-fault coverage on Kentucky auto policies that pays your medical bills and certain lost wages after a crash, up to $10,000 per person, no matter who caused the wreck. KRS 304.39-020(2) Because PIP pays first, the legislature gave crash victims a longer window to sue than the general one-year rule.
Be careful with the two-year figure. The “last PIP payment” extension only helps if PIP was actually paid, so never assume extra time without confirming payment records with the insurer. The PIP benefits claim itself runs on separate deadlines under KRS 304.39-230(1), and whether you can sue for pain and suffering at all can depend on Kentucky’s no-fault threshold: more than $1,000 in medical expenses, a broken bone, permanent injury, or death. KRS 304.39-060.
What is the Kentucky workers’ comp deadline?
If you were hurt on the job, you are usually dealing with workers’ compensation rather than a negligence lawsuit, and the deadline comes in two layers under KRS 342.185(1):
- Notice to your employer: report the accident “as soon as practicable.” The statute sets no fixed number of days; the safe answer is the same day, in writing if you can.
- Filing the claim: your application for adjustment of claim must be filed with the state within two years of the date of the accident.
If the insurer paid you income benefits and then stopped, the window becomes two years from the accident or two years from when the payments stopped, whichever is later. KRS 342.185(1) Cumulative trauma injuries, the kind that build up over time (a back worn down by years of lifting), follow their own rule: two years from the date a physician tells you the condition is work-related, with an outside limit of five years from the last harmful exposure. KRS 342.185(3) Late notice hands the employer’s insurer an easy reason to deny the claim, so report first and sort out the details after.
Can the deadline be paused or extended?
Sometimes. The law calls this tolling: the clock pauses. If the injured person was a minor or of “unsound mind” when the injury happened, Kentucky pauses the limitations period until that disability is removed, so a child’s own claim generally does not start running until adulthood. KRS 413.170(1) Kentucky also applies a discovery rule in certain claims, such as medical malpractice, where the clock starts when the injury is discovered or reasonably should have been discovered. KRS 413.140(2) These exceptions are narrow, and one works in reverse: for the PIP benefits claim itself, a legal disability does not pause the clock. KRS 304.39-230(5) Treat the standard deadline as yours until a lawyer reviews your case.
Why “the deadline” is really several deadlines
The statute of limitations is only the last possible day to file a lawsuit. A claim can be damaged long before that. Your auto policy requires prompt notice of a crash, and the PIP application has its own timelines. Evidence will not wait, either: store camera footage is often overwritten within days, skid marks fade, vehicles get repaired, and witnesses move or forget. A trucking company’s driver logs may only be preserved once a lawyer sends a preservation letter. Waiting eleven months on a one-year claim leaves almost no time to investigate, negotiate, and file properly. In practice, the useful deadline comes well before the legal one, one more reason what you do in the first days after a crash matters.
Hurt in Southern Indiana? A different state runs a different clock
Louisville sits on a state line, and many of the people who call us were hurt in Clarksville, Jeffersonville, or New Albany. Indiana gives injury victims two years to sue for most personal injury claims, including car accidents. Ind. Code 34-11-2-4(a) Indiana is also not a no-fault state, so there is no PIP layer, and its fault rules and claim procedures differ from Kentucky’s. Which state’s law applies generally depends on where the accident happened, not where you live, so a Louisville driver rear-ended on I-65 in Jeffersonville is usually looking at Indiana deadlines. If your accident touches both states, get advice before assuming either clock protects you.
What should you do if the deadline is close?
Call a lawyer today, even if you are not sure you want to sue. A firm that handles injury cases can usually tell you in one free call which deadline applies and whether it can still be met. If the date is only days away, an attorney may be able to file a complaint to preserve the claim while the investigation continues. Have what you can find ready: the accident date, any police or incident report, insurance information, medical bills, and any letters from insurers. If you feel embarrassed about waiting, set it aside. Attorneys see it every week, and the only mistake that cannot be fixed is letting the date pass.
Kentucky injury deadline FAQs
1. Is Kentucky’s statute of limitations one year or two years?
Both, depending on the claim. Most personal injury claims must be filed within one year (KRS 413.140(1)(a)), while lawsuits over motor vehicle accidents get two years from the injury or the last PIP payment (KRS 304.39-230(6)). Workers’ compensation has its own two-year filing rule (KRS 342.185).
2. Does filing an insurance claim stop the clock?
No. Only filing a lawsuit in court satisfies the statute of limitations. An open claim file offers no protection once the date passes.
3. How long do I have to report a work injury to my employer in Kentucky?
The statute requires notice “as soon as practicable” after the accident. KRS 342.185(1) Report it the same day if you can, and remember the separate two-year deadline to file the claim itself.
4. What if the accident was partly my fault?
Partial fault does not change your deadline, and it usually does not end your case. Kentucky allocates fault by percentage and reduces your recovery by your share. KRS 411.182 Our guide to Kentucky’s comparative negligence law explains how that works.
Talk to a Louisville injury attorney before the clock decides for you
Louisville Injury Firm has handled personal injury and workers’ compensation claims across Kentucky and Southern Indiana since 2014 from our office at 717 Executive Park in Louisville. When you call, you reach a local firm where a founding attorney pays attention to your case, not a national call center. The consultation is free, we answer 24/7, and there is no fee unless we win. Call us today or reach us through our contact page. We will figure out your deadline together and handle the insurance company so you can focus on healing.
This article is general information, not legal advice. Every case is different, and reading it does not create an attorney-client relationship with Louisville Injury Firm. For advice about your situation, talk to a licensed attorney.