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Kentucky Law

How Long Do You Have to File an Injury Claim in Kentucky?

Kentucky's injury deadlines are unusually tricky thanks to no-fault. Understand the one- and two-year rules, the PIP extension, and the deadlines that catch people off guard.

The short answer is: it depends

Kentucky has one of the more confusing sets of injury deadlines in the country, largely because of how its no-fault auto law interacts with the general personal-injury statute of limitations. Missing the right deadline almost always means losing your right to compensation entirely, so the details matter.

Motor vehicle crashes and the PIP extension

For motor-vehicle injury claims, Kentucky's no-fault statute (KRS 304.39-230) allows a claim to be filed within two years of the accident or within two years of the last Personal Injury Protection (PIP) payment, whichever is later. That means ongoing PIP payments can extend your window — but you should never rely on that without legal advice, because the calculation can be disputed.

Other injury claims

Many non-vehicle personal-injury claims in Kentucky fall under a one-year statute of limitations (KRS 413.140), which is shorter than in most states. Medical malpractice, product liability, wrongful death, and claims against government entities each have their own specific rules and sometimes shorter notice requirements.

Because the applicable deadline depends entirely on the type of claim and the facts, assuming you 'have plenty of time' is risky. Some deadlines are far shorter than people expect.

Why acting early helps your case anyway

Even setting deadlines aside, evidence fades fast. Skid marks wash away, surveillance video is overwritten on a cycle of days or weeks, and witnesses' memories blur. The sooner an attorney can send preservation letters and investigate, the stronger your claim.

If you are unsure which deadline applies to your situation, do not guess. A free review can pin it down. Call 973-566-5599.

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