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Pure comparative fault

Kentucky Personal Injury Law

📍 Capital: Frankfort · Statute: KRS § 413.140

1 year Filing deadline
Pure Fault system
$45,000 Avg settlement (low)
5 Common case types

Overview of Personal Injury Law in Kentucky

Kentucky has one of the shortest statutes of limitations for personal injury at just 1 year. The state uses a pure comparative fault system with no cap on compensatory damages. Time is critical for injury claims in Kentucky.

This guide covers the most important rules for personal injury claims in Kentucky, including the statute of limitations, comparative fault rules, damages caps, and common case types. Laws can change — always verify with a licensed Kentucky attorney for your specific situation.

Key Kentucky Personal Injury Statutes

KRS § 413.140 (SOL — 1 year)
KRS § 411.182 (comparative fault)
KRS § 411.130 (wrongful death)

Most Common Personal Injury Cases in Kentucky

Car Accidents
Slip & Fall
Medical Malpractice
Workplace Injury
Coal Mining Injuries

Kentucky Damages Caps & Average Settlements

Damages Rule No cap on compensatory damages
Average Settlement $45,000–$180,000
Fault System Pure comparative fault

Settlement amounts vary significantly based on injury severity, liability clarity, insurance policy limits, and jurisdiction within Kentucky.

Frequently Asked Questions — Kentucky Injury Law

How long do I have to file a claim in Kentucky?

In Kentucky, you generally have 1 year to file a personal injury lawsuit from the date of injury. Key statute: KRS § 413.140.

Exceptions may apply for minors, government entity cases, or when the injury was not immediately discovered. Consult a Kentucky attorney to confirm your deadline.

What is Kentucky's fault system?

Kentucky uses Pure comparative fault. Your compensation is reduced by your percentage of fault. You can recover even if mostly at fault, though damages are reduced proportionally.

Are there damage caps in Kentucky?

Kentucky damage rules: No cap on compensatory damages. These limits can significantly affect cases involving pain and suffering and other non-economic losses. Economic damages like medical bills and lost wages are typically not capped.

What is the average settlement in Kentucky?

Personal injury settlements in Kentucky average approximately $45,000–$180,000. Catastrophic injuries, wrongful death, and medical malpractice cases typically settle for significantly higher amounts.

Get a free case evaluation from a Kentucky attorney →

Injured in Kentucky? Get Help Now.

Personal injury laws in Kentucky can be complex and deadlines are strict. A qualified Kentucky personal injury attorney can evaluate your case for free — with no upfront costs.

⚠ Disclaimer: This page is for informational purposes only. Laws change and specifics vary by case. Always consult a licensed Kentucky attorney for legal advice.