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KY
★ US · South

Personal injury in
Kentucky.

By Reviewed by Abd Shanti, Founder7 min read

Kentucky applies pure comparative negligence with one of the shortest US personal-injury limitation windows, just one year.

Kentucky operates pure comparative negligence. The personal-injury statute of limitations is one year, among the shortest of any US jurisdiction. Kentucky runs a "choice" no-fault auto scheme, drivers can opt out of the no-fault regime and retain full tort recovery rights, or opt in and accept restricted tort rights in exchange for guaranteed PIP benefits.

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★ statute of limitations
1 year for personal injury (one of the shortest in the US)

Ky. Rev. Stat. § 413.140

★ fault rule
Pure comparative negligence

Pure comparative negligence, recovery available at any fault percentage.

★ KY · key facts

What makes Kentucky different.

The handful of details that distinguish this jurisdiction from its neighbours.

★ KY · by injury

Claim values by injury type.

Reported decisions, the limitation clock, and how fault is apportioned for each injury type under Kentucky law.

★ KY · court decisions

What Kentucky courts have decided.

Reported Kentucky decisions for each injury type, each with a link to the judgment and to the full injury guide.

★ KY · rules that decide claims

The rules in Kentucky.

Statutes and rulings that come up again and again in Kentucky injury claims, each with its source.

When you can sue for painOnly if medical expenses exceed $1,000, or the injury includes permanent disfigurement, a fracture, loss of a body member, permanent injury, permanent loss of bodily function, or death.KRS 304.39-060(2)(b)
Deadline to sue the other driverTwo years after the injury or after the last PIP payment, whichever is later.KRS 304.39-230(6)
Minimum liability insurance$25,000 per person, $50,000 per accident, and $25,000 property damage, or a $60,000 single limit.KRS 304.39-110(1)(a)
Fault rulePure comparative fault: you recover even if mostly to blame, reduced by your share. Contributory negligence stopped being a bar in 1984.KRS 411.182; Hilen v. Hays (Ky. 1984), as noted in Maupin v. Tankersley (Ky. App. 2018)
Damages capsNone. The Kentucky Constitution forbids the legislature from limiting the amount recovered for injury to person or property.Ky. Const. § 54, in the LRC Citizens’ Guide to the Kentucky Constitution
Seat belt useA jury may assign fault for not wearing one if the evidence shows it caused or worsened the specific injury.Wemyss v. Coleman (Ky. 1987); MyClaimWorth seat belt chart
Insurance payments in evidenceThe jury may hear about collateral source payments such as health insurance, except life insurance.KRS 411.188(3)
Pre-existing back conditionsYou recover for an existing condition to the extent the crash aggravated or activated it, and that rule also applies to the no fault threshold question.Drury v. Spalding (Ky. 1991)
★ other US jurisdictions

Compare across United States.

How Kentucky compares with its neighbours in the South on fault rule and limitation period.

JurisdictionFault ruleLimitation
Kentucky· you are herePure comparative negligence1 year for personal injury (one of the shortest in the US)
Alabama (AL)Pure contributory negligence2 years from date of injury
Arkansas (AR)Modified comparative, 50% bar3 years for personal injury; 2 years for medical malpractice
Florida (FL)Modified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)
Georgia (GA)Modified comparative, 50% bar2 years from date of injury
Louisiana (LA)Modified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024
Mississippi (MS)Pure comparative negligence3 years from date of injury
North Carolina (NC)Pure contributory negligence3 years from date of injury
South Carolina (SC)Modified comparative, 51% bar3 years from date of injury
Tennessee (TN)Modified comparative, 50% bar1 year from date of injury, among the shortest in the US
Texas (TX)Modified comparative, 51% bar2 years from date of injury
Virginia (VA)Pure contributory negligence2 years from date of injury
West Virginia (WV)Modified comparative, 51% bar2 years from date of injury

Every United States jurisdiction compared

★ KY · frequently asked

Common questions.

Common questions about personal injury claims in Kentucky, answered with the relevant statutory references.

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★ federal context
Back to United States

All injury bands, statutes, and procedural pathway at the US level.

★ the working
How we derive bands

Per-jurisdiction methodology, estimates, and known limits.

★ standing authority
Sources we cite

The statutes, guidelines and court sites the pages cite.

★ editorial note

This page summarises the Kentucky statutory framework as of 2026-05-09. It is not legal advice. Statutes change, published verdicts move, and the position within any band depends on facts the page can't see. For representation, consult an attorney qualified in Kentucky. See /methodology, /sources, and /disclaimer.