Accidents & Injuries in Kentucky

Kentucky Revised Statutes Section 413.140 imposes a one-year statute of limitations for personal injury claims — one of the shortest in the country. You must generally file your lawsuit within one year of the accident. There are limited exceptions (e.g., minors, discovery rule), but missing the deadline typically bars your claim permanently. Consult a Kentucky attorney as soon as possible after any accident.

Kentucky is a "choice" no-fault state under KRS 304.39-060. Drivers are covered by mandatory personal injury protection (PIP), which pays medical expenses and lost wages after an accident regardless of fault. However, Kentucky drivers may sign a formal rejection (KRS 304.39-060(3)) to opt out of PIP and operate under a traditional tort system. Without opting out, you must meet the serious injury threshold to sue the other driver for pain and suffering.

Kentucky Revised Statutes Section 411.182 uses pure comparative fault. Even if you are mostly at fault for an accident, you may still recover a proportional share of your damages. For example, if you are 70% at fault and sustain $50,000 in damages, you could potentially recover $15,000. There is no threshold that bars recovery based on your percentage of fault.

Under Kentucky's no-fault system, to sue the at-fault driver for pain and suffering (economic and non-economic damages beyond PIP), you must meet the threshold under KRS 304.39-060: medical expenses exceeding $1,000, or a permanent injury, permanent disfigurement, or death. If your injuries are minor and covered by PIP, you may not have the right to sue the other driver.