Kentucky’s deadline to file an injury lawsuit is short, and families sometimes assume it works the same way for a child. It does not. State law can give an injured minor, or a person of unsound mind, extra time, but the rule has specific wording and several limits. Reading the statutes closely shows what the extra time covers and what it leaves out.
Kentucky’s General Deadline Is One Year
Under KRS 413.140, an action for an injury to the person of the plaintiff must be commenced within one year after the cause of action accrued. A year can pass quickly when medical treatment, insurance paperwork, and recovery all compete for attention. Other rules, including those tied to motor vehicle reparation benefits, can affect the date in some car crash claims, so the deadline always needs to be confirmed against the facts.
How long a claim takes to resolve is a different matter from how long a plaintiff has to file, and a look at how long cases take helps separate the two. The first is set by statute, while the second depends on the facts and the parties.
The Clock Can Start Late for a Minor
A second statute, KRS 413.170, adjusts the timing. If a person entitled to bring an action covered by KRS 413.090 to 413.160, other than one for a penalty or forfeiture, was an infant or of unsound mind when the cause of action accrued, the action may be brought later. The deadline is the same number of years, counted from the removal of the disability or the person’s death (whichever happens first), that a person without the disability would have after the right accrued.
For a child, the disability is minority. For a claim with a one-year limit, the child’s one year begins when the minority ends.
Eighteen Sets the New Starting Point
Kentucky’s age of majority, found in KRS 2.015, is eighteen for all purposes in the Commonwealth, with exceptions such as the purchase of alcoholic beverages and a higher age for the care and treatment of children with disabilities.
In general terms, a child hurt at age ten would have one year after turning eighteen to bring the claim. Because the exact date depends on the facts, a Hopkinsville personal injury lawyer can confirm it before anyone relies on it.
Unsound Mind Is a Separate Category
The same statute covers a person of unsound mind when the claim accrued. The wording is broad, and whether a particular condition qualifies is a question a court decides on the facts. A serious head trauma can raise the issue, which is one reason a Hopkinsville brain injury lawyer gathers medical records early.
Families dealing with such an injury make care decisions and claim decisions at the same time, and the legal options after a brain injury depend on the medical timeline. The extra time depends on the disability existing when the claim accrued, so records from that period matter.
The Statute Speaks to the Injured Person
KRS 413.170 refers to the person entitled to bring the action who was an infant or of unsound mind. A parent’s own claim is a separate matter, so parents should not assume the extra time applies to every claim connected to a child’s injury. Treating the one-year deadline as the safe assumption avoids that risk.
When a family crash injures both a parent and a child, each person’s claim may carry a different deadline. At the start, a Hopkinsville car accident lawyer can sort out those dates.
Serious harm adds another layer, because the cost of lifelong care can be the largest part of a claim. In that situation, a Hopkinsville catastrophic injury lawyer looks at that cost alongside the filing dates.
Do Not Rely on the Extra Time
Even when the statute gives more time, evidence does not wait. Witnesses relocate, vehicles are repaired, and recollections fade. Families can protect a claim by keeping:
- Photographs of the scene and the injuries.
- Medical records and bills from every provider.
- Names and details of witnesses.
- Insurance letters and any police report.
Katz Law has served injured individuals since 1998, and personal injury, river injury, and commercial litigation are its listed practice areas. Brian S. Katz, the founding attorney, is admitted to practice in Kentucky.
The extra time in Kentucky law is a safeguard for injured minors, not a reason to delay. Families in Christian County who are unsure which deadline applies can reach out to a Hopkinsville personal injury lawyer to confirm the dates for their situation.