If youâve ever been in an accident, youâve maybe wondered if you can get compensated for your injuries. Or maybe the repair shop didnât repair your car properly and wonât give you a refund. If youâve wondered if you have a legal case for damages against the other driver or the auto shop, you might have also wondered if there's a deadline for filing in court. As it turns out, there is. Here is an introduction to civil statutes of limitations in Kentucky.
Civil Statutes of Limitations
State statutes of limitations set a final deadline for filing lawsuits and other civil actions. These deadlines will vary depending on the type of case and the limitations laws in the Bluegrass State range from one to fifteen years. The âclockâ on claims starts ticking on either the date of the incident or the discovery of the harm.
Statutes of Limitation in Kentucky
The table below highlights the specifics of Kentuckyâs civil statutes of limitations.
Code Section | Kentucky Revised Statutes 413.010, et seq.: Limitation of Actions |
Injury to Person | 1 yr. §413.140(1)(a) |
Libel/Slander | 1 yr. §413.140(1)(d) |
Fraud | 5 yrs. §413.120(12) |
Injury to Personal Property | 2 yrs. §413.125 |
Professional Malpractice | Professional service: 1 yr. §413.245; Medical: 1 yr. §413.140(e) |
Trespass | 5 yrs. §413.120(4) |
Collection of Rents | If prescribed by written contract then 15 yrs. |
Contracts | Written: 15 yrs. §413.090(2); Oral: 5 yrs. §413.120 (1) |
Collection of Debt on Account | 5 yrs. §413.120 |
Judgments | 15 yrs. §413.090(1) |
The idea behind statutes of limitations is to create fairness and practicability when it comes to filing lawsuits. On the one hand, there is an interest in a person not having an unfinished legal matter hanging over his or her head indefinitely. On the other hand, the injured party is given a set amount of time to decide whether to file a legal claim or not. Civil statutes of limitation are the legal systemâs way of creating a definitive deadline for every legal conflict so that all of the parties involved can plan accordingly.
Related Resources for Kentucky Civil Statute of Limitations Laws
Even if you have a good case, the court may never hear it if you try to file it past the statute of limitations deadline. You can visit FindLawâs statute of limitations section for additional articles and information on this topic.
Questions About Kentucky Civil Statute of Limitations Laws? Ask an Attorney
Kentucky's civil statute of limitations often depends on the type of case involved and the cause of action you wish to pursue. If you're thinking about filing a civil lawsuit in Kentucky, it's a good idea to consult with a local litigation attorney who can potentially find the right cause of action and ensure that it's filed within the statute of limitations.