Kentucky Head Injury Laws

Kentucky at a glance

Kentucky allows one year to sue for an injury to the person,[1] but two years for motor vehicle tort claims under its no-fault law.[2] Kentucky apportions fault among the parties,[3] and its constitution bars the legislature from limiting the amount recovered for injury or death.[4]

Filing deadlines

KRS 413.140(1)(a)

The following actions shall be commenced within one (1) year after the cause of action accrued: An action for an injury to the person of the plaintiff

Source: [1]

Motor vehicle claims: KRS 304.39-230(6)

An action for tort liability not abolished by KRS 304.39-060 may be commenced not later than two (2) years after the injury, or the death, or the date of issuance of the last basic or added reparation payment made by any reparation obligor, whichever later occurs.

Source: [2]

In plain English, Kentucky’s general injury deadline is only one year, but car crash claims covered by the Motor Vehicle Reparations Act have two years, measured from the injury, the death or the last no-fault payment, whichever is later.[1][2]

Shared fault

KRS 411.182

The percentage of the total fault of all the parties to each claim that is allocated to each claimant, defendant, third-party defendant, and person who has been released from liability

Source: [3]

Under pure comparative fault, an injured person who was partly at fault can still recover, but the award is reduced by their share of fault. Under KRS 411.182, the jury determines each claimant’s damages “if contributory fault is disregarded” and the percentage of fault of each party, and the court then determines the award from those findings.[3]

Damage caps

Kentucky Constitution § 54

The General Assembly shall have no power to limit the amount to be recovered for injuries resulting in death, or for injuries to person or property.

Source: [4]

Auto insurance requirements

KRS 304.39-110 requires “Split limits liability coverage of not less than twenty-five thousand dollars ($25,000) for all damages arising out of bodily injury sustained by any one (1) person, and not less than fifty thousand dollars ($50,000)” per accident, plus property damage coverage of at least $25,000.[5] III lists Kentucky among the states with no-fault laws.[6]

What this page does not cover

This page covers the main deadlines, fault rule, damage limits and auto insurance requirements. Statutes also contain exceptions, such as rules for minors, people who are incapacitated and claims discovered later, and special rules apply to medical malpractice and workers’ compensation. Always read the full statute at the official source linked below.

Frequently asked questions

How long do I have to file a head injury lawsuit in Kentucky?

In plain English, Kentucky’s general injury deadline is only one year, but car crash claims covered by the Motor Vehicle Reparations Act have two years, measured from the injury, the death or the last no-fault payment, whichever is later.[1][2]

This page provides general information about the law from the sources listed below. It is not legal advice, and reading it does not create an attorney-client relationship. Laws vary by state and change over time. See our legal disclaimer.

Sources

  1. KRS 413.140. Kentucky General Assembly. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=58050
  2. KRS 304.39-230. Kentucky General Assembly. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=45816
  3. KRS 411.182. Kentucky General Assembly. https://apps.legislature.ky.gov/law/Statutes/statute.aspx?id=17782
  4. Kentucky Constitution, § 54. Kentucky General Assembly. https://apps.legislature.ky.gov/law/constitution/constitution/viewconstitution?rsn=58
  5. KRS 304.39-110. Kentucky General Assembly. https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=46758
  6. Insurance Information Institute. “Background on: No-fault auto insurance.” https://www.iii.org/article/background-on-no-fault-auto-insurance

Sources last checked: October 11, 2026