Hurt, wronged, or owed money
THINKING ABOUT SUING
What Kentucky law says about the time to bring a claim, by the kind of claim, and about the court that hears small ones. Every period here is one the guide already states, with the section it comes from and the law that section cites.
A period runs from the event its statute names. When that event happened, and whether anything paused the count, are facts a lawyer applies; whether a claim is worth bringing is a question for one too. Nothing here answers either.
THE TIME TO SUE
An injury to a person
Hurt in a fall, a crash, a dog bite, or by somebody's carelessness.
1 year
Suing for a personal injury
- From
- The day the cause of action accrued
An action for an injury to the person, libel or slander, or malpractice by a physician or licensed hospital is brought within one year after it accrued.
Damage to property
A car, a phone, a fence, or anything else damaged or taken.
2 years
Suing over damaged or taken personal property
- From
- The day the cause of action accrued
An action for taking, detaining or injuring personal property, including one to get it back, is brought within two years.
A written contract
A signed agreement, a lease, a written estimate or invoice.
10 years, or 15 for one signed on or before July 15, 2014
Suing on a written contract
- From
- The cause of action accruing
An action on a written contract signed after July 15, 2014 is commenced within ten years after the cause of action accrued, unless a statute provides otherwise. One signed on or before that day has fifteen years.
A contract not in writing
A deal made in words or a handshake, or an account with no signed paper.
5 years
Suing on a contract not in writing
- From
- The day the cause of action accrued
An action on a contract not in writing, or on a liability created by a statute that sets no other time, is brought within five years.
A CLAIM AGAINST THE GOVERNMENT
A claim against a public body often has a step of its own before a lawsuit, and a shorter period for it. These are the ones the Kentucky guide carries, in the order they come. A body none of them names is not covered here yet.
Step 1
90 days
Notice to a city of an injury from a defect in a street or sidewalk
- From
- The occurrence for which damage is claimed
Notice is filed with the mayor, the city clerk or the clerk of the board of aldermen within ninety days of the occurrence, stating the time, place and circumstances of the injury and that damages will be claimed from the city. Without it no action may be maintained against the city.
Step 2
1 year
A negligence claim against the state, filed with the Board of Claims
- From
- The negligent act, or for a personal injury, the day it was first discovered or reasonably should have been
A claim is filed with the Board of Claims within one year after it accrued, and a personal injury claim never more than two years after the negligent act, or three for medical malpractice.
SMALL CLAIMS COURT
The limit in Kentucky
Up to $2,500
KRS 24A.230 — claims up to $2,500, not counting interest and costs
WHAT TO HAVE TOGETHER
Whoever looks at a claim, a lawyer, a legal aid office or a small claims clerk, works from the same handful of facts. These are the ones people are most often asked for, gathered in one place.
When and where it happened
The date, the time if you know it, and the place, as exactly as you can say it.
Who was involved
The person or business on the other side, and the name it uses on its papers or its sign.
What happened, in order
Written down while it is fresh, in your own words, with what was said.
What it cost
Bills, receipts, estimates, repair quotes, and days of work missed, each with its amount.
Photos and papers
Pictures of the place, the damage or the injury, and every letter, contract, receipt or email.
Witnesses
Who saw it, and a phone number or address for each.
Reports already made
A police or incident report, a claim number with an insurer, or a complaint to an agency.
Insurance
Your own policy, and any insurer for the other side that you have been told about.
Keep it in one place
A case keeps all of it together in your account: what happened and when, what it cost, the people involved, every photo and paper kept privately, and one folder ready to download or send to a lawyer.
MyRightz is legal education, not legal advice. Nothing here creates an attorney client relationship. Applying the law to a particular situation is the work of a licensed Kentucky attorney.