Personal injury law in Kentucky
How long you have to file, how shared fault is treated, whether Kentucky is a no-fault auto state, and what damages caps can limit a jury award. Every figure sourced.
Key rules at a glance
| Statute of limitations | 1 year Motor vehicle: 2 years from last PIP payment. |
|---|---|
| Negligence rule | Pure comparative negligence Pure comparative negligence under KRS § 411.182. |
| Auto no-fault | Yes Choice no-fault: drivers can reject no-fault in writing. PIP minimum $10,000. |
| Damages caps | Kentucky constitution prohibits caps on compensatory damages (§ 54). Kentucky constitution prohibits caps on compensatory damages (§ 54). |
What the filing deadline means in Kentucky
Personal injury claims in Kentucky must generally be filed within 1 year of the date of injury. Motor vehicle: 2 years from last PIP payment. If you miss the statute, the claim is time-barred regardless of how strong it is. Discovery rules can shift the start date for latent injuries, and government claims often carry much shorter notice deadlines (sometimes 60 to 180 days).
How shared fault works under pure comparative negligence
Your recovery is reduced by your percentage of fault, even if you were 99% at fault. Pure comparative negligence under KRS § 411.182.
Practical effect: if a jury values your case at $200,000 and assigns you 30% of the fault, you recover $140,000 (70% of the verdict).
No-fault auto insurance in Kentucky
Kentucky is a no-fault auto state. Choice no-fault: drivers can reject no-fault in writing. PIP minimum $10,000. That means after a crash, your own personal injury protection (PIP) pays first, regardless of who was at fault. You can step outside the no-fault system and sue the at-fault driver only when your injury meets the state's tort threshold.
Damages caps in Kentucky
Kentucky constitution prohibits caps on compensatory damages (§ 54).
A cap does not change the value of your injuries; it changes what a jury is allowed to award. Caps most often apply to non-economic damages (pain and suffering) and to medical malpractice cases. Economic damages, like medical bills and lost wages, are generally not capped.
Case types in Kentucky
These case-type hubs explain how settlement value is built and how each type interacts with Kentucky's rules above.
Related reads
How Kentucky's no-fault and pure comparative negligence rule shapes auto settlement value.
Multi-party liability, FMCSA regulations, and the 30-day evidence window.
Helmet laws, anti-rider bias, and how comparative fault hits riders.
Premises liability and the negligence elements you must prove.
Standard of care, statute of repose, and Kentucky's med-mal caps.
Workers' comp vs third-party liability claims.
Strict liability vs one-bite rule by state.
Who can file and what damages are recoverable.
Frequently asked questions
Sources
Want a different state? See all 50 state hubs.